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• 




NORTH CAROLINA 

REGISTER 



VOLUME T2 ^ ISSLEll* Pages 917 -989 
Decei?iber 1, 1997 



• 



IN THIS ISSUE 

Executive Order 

Votiitg Rights Letter 

Cosmetic Art Examiners 

Dental Examiners 

Environment and Natural Resources 

Health and Human Services 

Insurance 

Public Education 

Substance Abuse Professional Certification Board 

Transportation 

Rules Review Commission 

Contested Case Decisions 



• 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 2 7611- 7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 



For those persons that have questions or concerns regarding the Administrative Procedure Act or any of i' 
components, consult with the agencies below The bolded headings are typical issues which the given agf 
can address, but are not inclusive. 



Rule Notices. Filings. Register. Deadlines. Copies of Proposed Rules, etc. 

Office of AdmimstraUve Hearings 

Rules Division 

Capehart-Crocker House (919) 733-2678 

424 North Blount Street (919) 733-3462 FAX 

Raleigh, North Carolina 27601-2817 



contact: Molly Masich, Director APA Services 
Ruby Creech, Publications Coordinator 



minasich@oah,state.nc.us 
rcreech;@,oah.state.nc.us 



Fiscal Notes & Economic Analysis 

Office of State Budget and Management 

116 West Jones Street 

Raleigh, North Carolina 27603-8005 

contact; Mark Sisak, Economist III 
Anna Teffi, Economist II 



(919)733-7061 
(919) 733-0640 FAX 

msisak@osbm. state, nc. us 
atefft@osbm. state . nc. us 



Rule Review and Legal Issues 

Rules Review Commission 
1307 Glenvvood Ave., Smte 159 
Raleigh, North Carolina 27605 

contact: Joe DeLuca Jr., Staff Director Counsel 
Bobby Bryan, Staff Attorney 



(919)733-2721 
(919) 733-9415 FAX 



Legislative Process Concerning Rule Making 

Joint Legislative Adnumstrative Procedure Oversight Committee 

545 Legislative Office Building 

300 North Salisbury Street (919)733-2578 

Raleigh, North Carohna 276 11 (9 1 9) 7 1 5-5460 FAX 



contact: Mary Shuping, Staff Liaison 



maiys@ms.ncga.state.nc.us 



County and Municipality Government Questions or Notification 

NC Association of County Commissioners 

215 North Dawson Street (919) 715-2893 

Raleigh, North Carolina 27603 

contact: Jim Blackburn or Rebecca Troutman 



NC League of Municipalities 
2 1 5 North Dawson Street 
Raleigh. North Carolina 27603 

contact: Paula Thomas 



(919)715-4000 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11. 13 



^ 



NORTH CAROLINA 
REGISTER 




# 



Volume 12, Issue 11 
Pages 917 - 989 



December 1, 1997 



This issue contains documents officially filed 
through November 5 , 1997. 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 2761 1-7447 

(919)733-2678 

FAX (919) 733-3462 



IN THIS ISSUE 

I. EXECUTIVE ORDERS 

Executive Order 120 917 

11. IN ADDITION 

Voting Rights Letter 918 

III. RULE-MAKING PROCEEDINGS 
Environment and Natural Resources 

Coastal Resources Commission 919 - 920 

Health Services, Commission for 920 

Wildlife Resources Commission 920 

Health and Human Services 

Social Services Commission 919 

IV. PROPOSED RULES 
Environment and Natural Resources 

Water Treatment Facility Certification Board . . 922 - 925 

Wildlife Resources Commission 921 - 922 

Licensing Board 

Cosmetic Art Examiners 925 - 937 

V. TEMPORARY RULES 

Health and Human Services 

Social Services Commission 938 - 942 

Insurance 

Insurance, Department of 942 - 944 

Licensing Boards 

Substance Abuse Professional Certification Bd. . . 944 - 946 

VI. APPROVED RULES 947-967 

Environment and Natural Resources 

Coastal Resources Commission 

Health Services. Commission for 

Soil & Water Conservation Commission 

Wildlife Resources Commission 
Health and Human Services 

Medical Assistance 

Medical Care Commission 
Licensing Boards 

Dental Examiners 
Public Education 

Education, Board of 
Transportation 

Highways, Division of 



# 



Julian Mann 111, Director 

James R. Scarcella Sr., Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Jean Shirley, Editorial Assistant 
Linda Richardson, Editorial Assistant 



VII. RULES REVIEW COMMISSION 968-970 

Proposed Rule-making 968 

VIII. CONTESTED CASE DECISIONS 

Index to ALJ Decisions 971-978 

Text of Selected Decisions 

96 OS? 0781 - 0786 979-986 

97 OS? 0469 987-988 

IX. CUMULATIVE INDEX 1-61 



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EXECUTIVE ORDERS 



EXECUTIVE ORDER NO. 120 
EXTENDING EXECUTIVE ORDERS 

By the power vested in me as Governor by the Constitution and laws of the State of North Carolina, IT IS ORDERED: 

The following Executive Orders are extended to December 31, 1998: 

Executive Order No. 26, Board of Trustees of the North Carolina Public Employee Deferred Compensation Plan. 

Executive Order No. 27, Governor's Commission for Recognition of State Employees. 

Executive Order No. 29, Teacher Advisory Committee. 

Executive Order No. 30, Highway Beautification Council. 

Executive Order No. 34, Highway Safety Commission. 

Executive Order No. 81, Creation of the Family Support Trust Fund. 

Executive Order No. 84, North Carolina Home Furnishings Export Council. 

Executive Order No. 88, Statewide Flexible Benefits Program. 

This order is effective immediately. 

Done in Raleigh, North Carolina, this the 22"'' day of October, 1997. 



12:11 NORTH CAROLINA REGISTER December 1, 1997 917 



IN ADDITION 



U.S. Department of Justice 



Civil Rights Division 



IKP:GS:TAT:emr 
DJ 166-012-3 
97-2466 



Voting Section 
PO. Box 66128 
Washington, DC 20035-6128 



Mr. Gary O. Bartlett 

Executive Secretary-Director 

North Carolina State Board of Elections 

P.O. Box 2169 

Raleigh, North Carolina 27602-2169 



October 14, 1997 



Dear Mr. Bartlett: 

This refers to the amendments to Section IX of the "Policies and Procedures for the Implementation of the National 
Voter Registration Act of 1993 ["NVRA"] and Article 7A. Chapter 163 of the North Carolina General Statutes" regarding the 
processing of provisional ballots in the State of North Carolina, submitted to the Attorney General pursuant to Section 5 of the 
Voting Rights Act, 42 U.S.C. 1973c. We received your submission on August 14, 1997. 

The Attorney General does not interpose any objection to the specified changes. However, we note that Section 5 
expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement 
of the changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). In this regard, the granting of 
Section 5 preclearance does not preclude the Attorney General or private individuals from filing a civil action pursuant to 
Section 11 of the NVRA, 42 U.S.C. 1973gg-9. 



Sincerely, 

Isabelle Katz Pinzler 

Acting Assistant Attorney General 

Civil Rights Division 



By: 



Elizabeth Johnson 
Chief, Voting Section 



918 



NORTH CAROLINA REGISTER 



December I, 1997 



12:11 



RULE-MAKING PROCEEDINGS 



A Notice of Rule-making Proceedings is a statement of subject matter of the agency's proposed rule making. The agency 
must publish a notice of the subject matter for public comment at least 60 days prior to publishing the proposed text of a 
rule. Publication of a temporary rule senes as a Notice of Rule-making Proceedings and can be found in the Register 
under the section heading of Temporary Rules. A Rule-making Agenda published by an agency ser\'es as Rule-making 
Proceedings and can be found in the Register under the section heading of Rule-making Agendas. Statutory reference: G.S. 
150B-21.2. 



TITLE 10 - HEALTH AND HUMAN 
SERVICES 

CHAPTER 30 - FOOD ASSISTANCE 

CHAPTER 41 - CHILDREN'S SERVICES 

CHAPTER 42 - INDIVIDUAL AND 
FAMILY SUPPORT 

"KJotice of Rule-making Proceedings is hereby given by the 
1 y Social Ser\'ices Commission in accordance with G.S. 
150B-21.2. The agency shall subsequently publish in the 
Register the text of the rule(s) it proposes to adopt as a result 
of this notice of rule-making proceedings and any comments 
received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

10 NCAC 30 .0207; 10 NCAC 41E and 410; 10 NCAC 42R 
.0201. Other rules may be proposed in the course of the rule- 
making process. 

Authority for the rule-making: 
10 NCAC 30 .0207 - G.S. 108A-51; 143B-153 
10 NCAC 41E and 41G - G.S. 131D-10.5 
10 NCAC 42R .0201 - S.L. 1997 - 443 

Statement of the Subject Matter: 

10 NCAC 30 .0207 - Combined Food Stamp benefit change. 
10 NCAC 41E and 41G - Licensing of Group Homes for 
Children, Minimum Standards for Child Caring Institutions. 
10 NCAC 42R .0201 - Increase current maximum rates for 
adult day care, adult day care health services and 
transportation when purchased through the State Adult Day 
Care Fund. 

Reason for Proposed Action: 

10 NCAC 30 .0207 - P.L. 104-193 provided state with 
several options regarding the issuance of food stamp benefits 
to applicants who apply after the 15th day of the month. 
Currently, states may issue the prorated first months ' benefit 
and the next full month benefit in one allotment or issue each 
allotment as a separate issuance. The proposed temporary 
amendment to 10 NCAC 30 .0207 will allow applicants to 
receive each food stamp allotment as a separate issuance and 
simplify the delivery of food stamp benefits to eligible 
families. Families will receive a separate allotment for each 
month of eligibility thereby enabling them to plan and budget 
their food purchases with the knowledge of their future 



receipt of food stamp benefits. 

10 NCAC 41E and 41G - Historically there have been nvo 
different sets of licensure standards for residential child care 
facilities — one set for group homes and the other for child 
care institutions. Knowledge about residential child care 
programs has increased in the past twenty years and the 
proposed amendments wilt bring the licensure rules in line 
with the knowledge. The proposed changes will combine the 
two sets into one set of Core Standards. Thereby, improving 
the quality of licensure requirements and providing enhanced 
protection for children placed in residential child care 
facilities. 

10 NCAC 42R .0201 - The cost of providing adult day care 
and adult day health has increased since the last increase to 
the maximum rates (July 1994), therefore, the maximum rates 
must be increased to come closer to the provider's actual 
costs. The maximum rate for transportation has not been 
increased since the early 1980's, which has caused providers 
to operate at a loss when transportation is provided to 
participants. A separate rate is being established for adult 
day health services in recognition of the higher costs of 
providing this level of care and in order to match the rate 
being paid by the Division of Medical Assistance for the same 
service. The North Carolina General Assembly expanded the 
amount of SSBG/State funds available to the State Adult Day 
Care fimd, allowing for the rate increases without reducing 
the numbers of clients to be served. 

Comment Procedures: Anyone wishing to comment should 
contact Sharnese Ransome, APA Coordinator, Social Serxices 
Commission, NC Division of Social Services. 325 N. 
Salisbury St., Raleigh, NC 27603, phone 919/733-3055. 



TITLE 15A - ENVIRONMENT AND NATURAL 
RESOURCES 

CHAPTER 7 - COASTAL MANAGEMENT 

SUBCHAPTER 7H - STATE GUIDELINES FOR 
AREAS OF ENVIRONMENTAL CONCERN 

A Totice of Rule-making Proceedings is hereby given by the 
1 y ENR - Coastal Resources Commission in accordance 
with G.S. 150B-21.2. The agency shall subsequently publish 
in the Register the text of the rule(s) it proposes to adopt as a 
result of this notice of nde-making proceedings and any 
comments received on this notice. 



12:11 



NORTH CAROLINA REGISTER 



December 1, 1997 



919 



RULE-MAKING PROCEEDINGS 



Citation to Existing Rules Affected by this Rule-Making: 

15A NCAC 7H .0310. Other rules may be proposed in the 
course of the rule-making process. 



Authority for the rule-making: 

113(b): 113A-124 



G.S. 113A-107; 113A- 



Statement of the Subject Matter: Pier and bulkhead rules 
for inlet hazard areas. 

Reason for Proposed Action: The proposed nde will allow 
construction of piers and shoreline stabilization measures 
along shorelines of Inlet Hazard areas that have 
characteristics of Esttiarine Shorelines. 

Comment Procedures: Contact Charles Jones, 151-B Hwy. 
24. Morehead Cit}\ NC 28570. (919) 808-2808. 



Commissioners initiated the no-wake zone pursuant to G.S. 

75A-15 to protect public safety in the area by restricting 

vessel speed. 

ISA NCAC I OF .0317 - The Stanly County Board of 

Commissioners initiated the no-wake zone pursuant to G.S. 

75A-15 to protect public safety in the area by restricting 

vessel speed. 

ISA NCAC I OF .0327 - Tfie Montgomery County Board of 

Commissioners initiated the no-wake zone pursuant to G. S. 

75A-15 to protect public safety in the area by restricting 

vessel speed. 

Comment Procedures: The record will be open for receipt 
of written comments from December 1, 1997 to January 30. 
1998. Such written comments must be delivered or mailed to 
the North Carolina Wildlife Resources Commission. 512 N. 
Salisbury Street, Raleigh. NC 27604-1188. 



** + *:+:*************** 



3|c***:4<:4:*4::4:*********** 



CHAPTER 10 - WILDLIFE RESOURCES 
AND WATER SAFETY 

SUBCHAPTER lOF - MOTORBOATS 
AM) WATER SAFETY 

'\Jotice of Rule-making Proceedings is hereby given by the 
1 y North Carolina Wildlife Resources Commission in 
accordance with G.S. 150B-21.2. The agency shall 
subsequently publish in the Register the text of the rule(s) it 
proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

15A NCAC lOF .0311. .0317. .0327. Other rules may be 
proposed in the course of the rule-making process. 

Authority for the rule-making: G.S. 75A-3; 75A-15 

Statement of the Subject Matter: 

ISA NCAC lOF .0311 - Proposed no-wake zone in the waters 

of Kerr Lake. NC 39 Bridge. Vance County. 

ISA NCAC lOF .0317 - Proposed no-wake zone Stanly 

County - Harper Heme Lake. 

ISA NCAC I OF .0327 - Proposed no-wake zone in the waters 

of Badin Lake. Lakeshore Drive. Montgomery Counn. 

Reason for Proposed Action: 

ISA NCAC lOF .0311 - The Vance County Board of 



CHAPTER 18 - ENVIRONMENTAL HEALTH 

SUBCHAPTER 18 A - SANITATION 

A Totice of Rule-making Proceedings is hereby given by the 
1 V Commission for Health Serxices in accordance with G. S. 
1 SOB- 2 1.2. Tlie agency shall subsequently publish in the 
Register the text of the rule(s} it proposes to adopt as a result 
of this notice of rule-making proceedings and any comments 
received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

15A NCAC ISA .3101 - .3111. Other rules may be proposed 
in the course of the rule-making process. 



Authority for the rule-making: G.S. 

131.7: 130A-131.8: 130A-131.9A-G 



130A-131.5: 130A- 



Statement of the Subject Matter: Childhood Lead Exposure 

Control 

Reason for Proposed Action: These rules will provide 
clarification and conformiT\- with recently adopted legislation 
governing Childhood Lead Exposure Control. These rules 
will be filed as temporary rules. 

Comment Procedures: Written comments should be mailed 
to Ed Norman. DENR Division of Environmental Health. PO 
Box 29534. Raleigh. NC 27626-0534. 



920 



NORTH CAROLINA REGISTER 



December i, 1997 



12:11 



PROPOSED RULES 



This Section contains the text of proposed rules. At least 60 days prior to the publication of text, the agency published a 
Notice of Rule-making Proceedings. The agency must accept comments on the proposed rule for at least 30 days from the 
publication date, or until the public hearing, or a later date if specified in the notice by the agency. The required comment 
period is 60 days for a rule that has a substantial economic impact of at least five million dollars ($5,000,000). Statutory 
reference: G.S. 150B-21.2. 



TITLE ISA - DEPARTMENT OF ENVIRONMENT 
AND NATURAL RESOURCES 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the North Carolina Wildlife Resources Commission 
intends to amend ndes cited as 15A NCAC lOF .0330 and 
. 0339. Notice of Rule-making Proceedings was published in 
the Register on September 2, 1997. 

Proposed Effective Date: July 1, 1998 

A Public Hearing will be conducted at 10:00 a.m. on 
December 18, 1997 at the Archdale Building, Room 332, 512 
N. Salisbury Street, Raleigh, NC 27603. 

Reason for Proposed Action: 

15A NCAC lOF .0330 - To correct an error of omission for 

designating placement and maintenance of markers needed to 

regulate boat speed in congested areas. 

15 A NCAC lOF .0339 - McDowell County Board of 

Commissioners initiated the no-wake zone pursuant to G.S. 

75A-15, to protect public safety in the area by restricting 

vessel speed. 

Comment Procedures: Interested persons may present their 
views either orally or in writing at the hearing. In addition, 
the record of hearing will be open for receipt of written 
comments from December 1, 1997 to December 31, 1997. 
Such written comments must be delivered or mailed to the NC 
Wildlife Resources Commission, 512 N. Salisbury Street, 
Raleigh, NC 27604-1188. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. Tliese Rules do 
not have a substantial economic impact of at least five million 
dollars ($5,000,000) in a 12-month period. 

CHAPTER 10 - WILDLIFE RESOURCES 
AND WATER SAFETY 

SUBCHAPTER lOF - MOTORBOATS 
AND WATER SAFETY 

SECTION .0300 - LOCAL WATER 
SAFETY REGULATIONS 

.0330 CARTERET COUNTY 

(a) Regulated Areas. This Rule applies to the following 
waters in Carteret County: 

(1) the waters of Money Island Slough beginning at the 



(5) 



(6) 

(7) 
(8) 



(9) 



east end of Money Island near the Anchorage 
Marina Basin and ending at the west end of Money 
Island where Brooks Avenue deadends at the 
slough; 

(2) the waters of Taylor Creek located within the 
territorial limits of the Town of Beaufort; 

(3) the waters of Pelletier Creek beginning at the 
entrance to Pelletier Creek at the Intracoastal 
Waterway and ending at U.S. Highway 70; 

(4) the waters of Bogue Sound in Morehead City 
between Sugar Loaf Island and the seawall on the 
south side of Evans, Shepard and Shackleford 
Streets and bounded on the east by the State Ports 
Authority and on the west by the eastern 
right-of-way margin of South 13th Street extended; 
the waters of Gallant's Channel from the US 70 
crossing over the Grayden Paul bridge to Taylor's 
Creek; 

the waters of Cedar Island Bay and Harbor from 
U.S. 70 to Cedar Island Bay Channel Light 8; 
the waters of Radio Island Creek; 
the waters of the Newport River beginning at the 
north side of the Beaufort Drawbridge and ending 
at marker #6; 

the waters of Spooners Creek beginning 100 feet 
south of the bulkhead area in the entrance to 
Spooners Creek and extending approximately 500 
feet up Spooners Creek to a point on the north side 
of the first fork to the east as indicated by the 
appropriate markers; 

(10) the waters of Taylor's Creek from the eastern end 
of the current no wake zone eastward to Charmel 
Marker #1 A. 

(b) Speed Limit. It is unlawful to operate a motorboat or 
vessel at a speed greater than no-wake speed while on the 
waters of the regulated areas designated in Paragraph (a) of 
this Rule. 

(c) Placement and Maintenance of Markers. The Board of 
Commissioners of Carteret County, with respect to the 
regulated areas designated in Subparagraphs (1), (3), (5), (6), 
(7), fS) ISL 19] and (10) of Paragraph (a) of this Rule, and 
the Board of Commissioners of the Town of Beaufort, with 
respect to the regulated area designated in Subparagraph (2) 
of Paragraph (a) of this Rule, and the Board of 
Commissioners of Morehead City, with respect to 
Subparagraph (4) of Paragraph (a) of this Rule, are 
designated as suitable agencies for placement and maintenance 
of the markers implementing this Rule, subject to the 
approval of the United States Coast Guard and the United 
States Army Corps of Engineers. 



12:11 



NORTH CAROLINA REGISTER 



December I, 1997 



921 



PROPOSED RULES 



Authorin' G.S. 75A-3: 75A-15. 



1995. 



.0339 MCDOWELL COUNTY 

(a) Regulated Areas. This Rule applies to the following 
waters located on Lake James in McDowell County: 

(1) that area adjacent to the shoreline of the McDowell 
Wildlife Club property: 

(2) that area adjacent to the shoreline of the Marion 
Moose Club property: 

(3) that area known as Morgan Cove: 

(4) that area within 50 yards of the shoreline at the 
New Manna Baptist Youth Camp; 

(5) that area within 50 yards of the shoreline at 
Burnett's Landing; 

(6) the cove area adjacent to the State Park swimming 
area; 

(7) the cove area adjacent to the State Park picnic area 
and dock; 

(8) that area within 50 yards of camping areas in the 
Lake James State Park as designated by the 
appropriate markers; 

(9) that area within 50 yards of the boat launching 
ramp at the Marion Lake Club; 

(10) that area within 50 yards in either direction from 
the marina docks in Plantation Point Cove: 

(11) that designated area of Goodman's Landing Cove 
within 50 yards of the swimming area and boat 
docks of Goodman's Campground; 

(12) that area beginning at the rock shoals located at 
Deerfield Campground downstream for a distance 
of approximately 200 yards as delineated by 
appropriate markers; 

(13) that area as delineated by appropriate markers along 
the north shoreline of the development known as 
Lakeview Pointe. 

(b) Speed Limit. No person shall operate any motorboat 
or vessel at greater than no-wake speed within any of the 
regulated areas described in Paragraph (a) of this Rule. 

(c) Restricted Swimming Areas. No person operating or 
responsible for the operation of any vessel, surfboard or 
waterskis shall permit the same to enter any marked 
swimming area located on the regulated area. 

(d) Placement and Maintenance of Markers. The Board of 
Commissioners of McDowell County is designated a suitable 
agency for placement and maintenance of the markers 
implementing this Rule. 

Authority G.S. 75A-3: 75A-15. 

******************** 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the NC Water Treatment Facility Certification 
Board intends to amend ndes cited as 15A NCAC 18D .0105. 
.0201. .0307. .0405: and adopt rules cited as 15A NCAC 
18D .0308 - .0309, .0701. Notice of Rule-making 
Proceedings was published in the Register on December 15, 



Proposed Effective Date: August 1 , 1998 

A Public Hearing will be conducted at 9:30 a.m. on 
December 16. 1997 at the Parker Lincoln Building, lA-224, 
Training Room, Raleigh. NC. 

Reason for Proposed Action: The Board plans to establish 

continuing education requirements for operator certification 
renewal. Also, the Board would like for a person holding an 
A-Surface certification to be eligible to take the C-Well 
examination without being required to have three months of 
well system experience. The Board wants to require an 
examination before granting certification by reciprocity. In 
addition, the Board wants to change the requirements for the 
operator in responsible charge to have better control over the 
management of water treatment facilities. 

Comment Procedures: All persons interested in this matter 
are invited to attend the public hearing. The North Carolina 
Water Treatment Facility Operators Certification Board will 
accept mailed written comments received by December 31, 
1997. Any person desiring to present lengthy comments is 
requested to submit a written statement for inclusion in the 
record of proceedings at the public hearing. Additional 
information concerning the hearings or the proposals may be 
obtained by contacting Lena Williams, NCWTFOCB, PO Box 
29595, Raleigh, NC 27626-0595, (919) 715-3218. 

Fiscal Note: Rules I5A NCAC 18D .0201 and .0308 do 
affect the expenditures or revenues of state and local 
government fiinds. Rules 15A NCAC 18D .0105, .0307, 
.0309, .0405, and .0701 do not affect the expenditures or 
revenues of state or local government funds. None of these 
Rules have a substantial economic impact of at least five 
million dollars ($5,000,000) in a 12-month period. 

CHAPTER 18 - ENVIRONMENTAL HEALTH 

SUBCHAPTER 18D - WATER TREATMENT 
FACILITY OPERATORS 

SECTION .0100 - GENERAL POLICIES 

.0105 DEFINITIONS 

The following definitions shall apply throughout this 
Subchapter: 

(1) "Acceptable Experience" means the active, daily, 
on-site performance of operational duties, including 
water facility laboratory duties, at a water treatment 
facility; a minimum of 50 percent of the experience 
requirement must consist of these duties. This 50 
percent minimum experience may be 50 percent 
on-site duties for 100 percent of the time period 
requirements or 100 percent on-site duties for 50 
percent of the time period requirements. The other 



922 



NORTH CAROLINA REGISTER 



December 1, 1997 



12:11 



PROPOSED RULES 



I 



I 



(2) 
(3) 

(4) 

(5) 

(6) 

(7) 

(8) 



I 



(9) 



(10) 



50 percent may be in related fields such as 
wastewater facility operation, wastewater 
laboratory, water pumping stations, or water 
system design and engineering. The experience of 
Division of Environmental Health, Public Water 
Supply Section personnel may be acceptable if their 
job duties include inspection or on-site technical 
assistance of water treatment facilities which is 
sufficient to meet the 50 percent minimum. 
"Board" means the Water Treatment Facility 
Operators Board of Certification. 
"Certified Operator" means any holder of a 
certificate issued by the Board in accordance with 
the provisions of G.S. 90A-20 to -29. 
"College Graduate" means a graduate of an 
accredited four-year institution awarding degrees on 
the bachelor level. 

"Licensee" means any person who holds a current 
certificate issued by the water treatment facility 
operators board of certification. 
"Owner" shall mean person, political subdivision, 
firm, corporation, association, partnership or 
non-profit corporation formed to operate a public 
water supply facility. 

"Political Subdivision" means any city, town, 
county, sanitary district, or other governmental 
agency or privately owned public water supply 
operating a water treatment facility. 
"Operator in responsible charge" means a person 
designated by the owner of the water treatment 
facility to be responsible for the total operation and 
maintenance of the facility. Th e ope r ator — in 
r e sponsible charge must p ossess a valid ce r tificat e 
issued by the Board equivalent to o r exceeding the 
classification of the facility fo r which h e o r sh e is 
designated. — The o p e r ato r in r es p onsible cha r ge is 
ac t ually — in charge of the daily o p e r ation and 
maintenance of the t r eatment — facility and shall 
r eside within 50 miles of the facility and shall be 
r eadily availabl e fo r consultation on th e p re mis e s of 
the facility in case of an eme r gency, malfunction o r 

b re akdown of e qui p m e nt o r oth e r n e eds. Nt> 

p e r son shall be in r es p onsible charge of mo r e than 
one — su r face wat er facility o r five well — wat er 



facili 



-the 



:ilities — without — w r itten — permission — t r om 
Board. — A re qu e st f o r pei mission shall include 



documen t ation that the facilities in 



can b e 



qu e stion 

managed in com p liance with the re qui r ements of 
15A NCAC 18C. — An owner may designat e a 
diffe r ent p e r son to be the o p e r ato r in r e s p onsibl e 
cha r g e for su r face wate r t r eatmen t facilities, well 
wate r facilities, and dist r ibution facilities. 
"Secretary" shall mean the Secretary of the 
Department of Environment, Health Environment 
and Natural Resources. 

"Water Treatment Facilities" means any facilities 
for public water supplies including source of 



supply, treatment, storage, pumping or distribution 
of water for human consumption. 

(11) "Service Connection" means a water tap made to 
provide a water cormection to the water distribution 
system. 

(12) "Fire Protection System" means dry or wet 
sprinkler systems or fire hydrant connection to the 
water distribution system. 

Authority G.S. 90A-21(c). 

SECTION .0200 - QUALinCATION OF 

APPLICANTS AND CLASSIHCATION 

OF FACILITIES 

.0201 GRADES OF CERTIFICATION 

Applicants for the various grades of certification shall meet 
the following educational and experience requirements: 

(1) GRADE A-SURFACE shall have one year 
acceptable experience at a surface water facility 
while holding a Grade B-Surface certificate and 
have satisfactorily completed an approved 
A-Surface school. 

(2) GRADE B-SURFACE shall: 

(a) Be a college graduate with a bachelor's 
degree in the physical or natural sciences or 
be a graduate of a two year technical 
program with a diploma in water and 
wastewater technology, and have six months 
of acceptable experience at a surface water 
facility, or 

(b) Have one year of acceptable experience at a 
surface water facility while holding a Grade 
C-Surface certificate and have satisfactorily 
completed an approved B-Surface school. 

(3) GRADE C-SURFACE shall: 

(a) Be a college graduate with a bachelor's 
degree in the physical or natural sciences or 
be a graduate of a two year technical 
program with a diploma in water and 
wastewater technology, and have six months 
of acceptable experience at a surface water 
facility, or 

(b) Be a high school graduate or equivalent, 
have six months acceptable experience at a 
surface water facility and have satisfactorily 
completed an approved C-Surface school. 

(4) GRADE A-WELL shall have one year of 
acceptable experience at a well water facility while 
holding a Grade B-Well certificate and have 
satisfactorily completed an approved A-Well 
school. 

(5) GRADE B-WELL shall: 

(a) Be a college graduate with a bachelor's 
degree in the physical or natural sciences or 
be a graduate of a two year technical 
program with a diploma in water and 



12:11 



NORTH CAROLINA REGISTER 



December 1, 1997 



923 



PROPOSED RULES 



wastewater technology, and have six months 
of acceptable experience at a well water 
facility, or 
(b) Have one year of acceptable experience at a 
well water facility while holding a Grade 
C-Well certificate and have satisfactorily 
completed an approved B-Well school. 

(6) GRADE C-WELL shall: 

(a) Be a college graduate with a bachelor's 
degree in the physical or natural sciences or 
be a graduate of a two year technical 
program with a diploma in water and 
wastewater technology, and have six months 
of acceptable experience at a well water 
facility, or 

(b) Have six months of acceptable experience at 
a well water facility and have satisfactorily 
completed an approved C-Well school. 
school, or 

(c) Hold a GRADE A-SURFACE certification 
and have satisfactorily completed an 
approved C-Well school. 

(7) GRADE A-DISTRIBUTION shall have one year of 
acceptable experience at Class B or higher 
distribution system while holding a Grade 
B-Distribution certificate and have satisfactorily 
completed an approved A-Distribution school, and 
hold current cardiopulmonary resuscitation 
certificate. 

(8) GRADE B-DISTRIBUTION shall: 

(a) Be a college graduate with a bachelor's 
degree in the physical or natural sciences or 
be a graduate of a two >ear technical 
program with a diploma in water and 
wastewater technology, and have six months 
of acceptable experience at a Class B or 
higher distribution system, or 

(b) Have one year of acceptable experience at a 
Class C or higher distribution system while 
holding a Grade C-Distribution certificate 
and have satisfactorily completed an 
approved B-Distribution school. 

(9) GRADE C-DISTRIBUTION shall hold a cenificate 
of completion of approved trench shoring training 
and shall; 

(a) Be a college graduate with a bachelor's 
degree in the physical or natural sciences, or 
be a graduate of a two year technical 
program with a diploma in water and 
wastewater technology, and have six months 
of acceptable experience at a Class C or 
higher distribution system, or 

(b) Be a high school graduate or equivalent, 
have six months of acceptable experience at a 
Class C or higher distribution system and 
have satisfactorily completed an approved 
C-Distribution school, or 



(c) Have one year of acceptable experience at a 
Class C or higher distribution system and 
have satisfactorily completed an approved 
C-Distribution school. 

(10) GRADE CROSS-CONNECTION-CONTROL 

shall: 

(a) Be a college graduate with a bachelor's 
degree in the physical or natural sciences, or 
be a graduate of a two-year technical 
program with a degree in water and 
wastewater or civil engineering technology, 
and have satisfactorily completed an 
approved cross connection control school, or 

(b) Be a high school graduate or equivalent, 
have six months of acceptable experience at 
Class C-Distribution or higher system and 
have satisfactorily completed an approved 
cross connection control school, or 

fc) Have one year of acceptable experience at a 
Class C-Distribution or higher system while 
holding a Grade C-Distribution or higher 
certificate and have satisfactorily completed 
an approved cross connection school, or 

(d) Be a plumbing contractor licensed by the 
State of North Carolina and have 
satisfactorily completed an approved cross 
coimection control school. 

Authority G.S. 90A-21(c); 90A-22; 90A-23. 

SECTION .0300 - APPLICATIONS AND FEES 

.0307 REVOCATION OF CERTIFICATE 

(a) If an operator fails to renew his/her certificate and 
allows It to lapse five years, his/her certificate shall be 
revoked. 

(b) If an operator fails to meet the continuing education 
requirements of Rule .0308(a) of this Section, his/her 
certificate shall be revoked. 

(ci If an operator in responsible charge fails to meet the 
requirements of 15A NCAC 18D .0701. his/her certificate 
may be revoked. 

Authority G.S. 90A-25.1; 90A-26. 

.0308 CONTINUING EDUCATION 

Lai An operator holding an A-Well, B-Well. C-Well. A- 
Surface, B-Surface. or C-Surface certification shall complete 
six contact hours of instruction during the year immediately 
preceding annual certification renewal for each certification 
renewed. The same contact hours may be credited to both 
well and surface certifications for an individual operator 
holding both types of certifications if the instruction is 
relevant to both surface water and well water technology. 
The instruction shall be related to system operation or 
professional development as needed and determined by the 
individual operator. With the annual certification renewal 



924 



NORTH CAROLINA REGISTER 



December 1, 1997 



12:11 



PROPOSED RULES 



application, the operator shall report in a format designated 
by the Board the contact hours completed during the year. 

(b) The organization providing the instruction shall give 
each participant certificate or other proof of successful 
completion which includes the name of the provider, the 
provider's address, and contact person with telephone 
number. The proof of completion shall identify the name of 
the participant, the number of contact hours completed, the 
course name, the instructor's name, and the date of the 
instruction received. For in-house training, a qualified third- 
party instructor from outside of the organization shall provide 
the instruction, if an operator fails to provide proof of the 
required six contact hours of instruction at the time of annual 
certification renewal, the certification shall be revoked. 

Authority G.S. 90A-25.1; 90A-26. 

.0309 CERTinCATION REINSTATEMENT 

(a) An operator whose certification has been revoked for 
failure to renew for five years may have the certification 
reinstated by successfullv passing another certification 
examination for that grade. 

(b) An operator whose certification has been revoked for 
failure to obtain six hours of annual continuing education 
credit may have the certification reinstated by successfully 
passing another certification examination for that grade. 

Authority G.S. 90A-25.1; 90A-26. 

SECTION .0400 - ISSUANCE OF CERTinCATE 

.0405 RECIPROCAL CERTinCATES 

Applications for certification of an operator certified in a 
state other than North Carolina shall be submitted on a form 
approved by the Board. The application shall supply 
information which will assist the Board in determining 
whether or not the requirements under which the out-of-state 
certification was obtained are equal to those required by the 
regulations of the Water Treatment Facility Operators Board 
of Certification. The applicant shall be a resident of North 
Carolina or shall submit a letter from a North Carolina 
employer stating intent to hire applicant to work in the area of 
water treatment facility operation. The applicant shall 
successfullv pass a North Carolina certification examination 
at the reciprocal grade level before the certification may be 
issued. The education and experience requirements for 
eligibility for examination do not apply when the examination 
is for reciprocal certification. 

Authority G.S. 90A-21(c); 90A-25(b). 



classification of the facility for which he or she is designated. 
The operator in responsible charge is actually in charge of the 
daily operation and maintenance of the treatment facility and 
shall re side within 50 miles of the facility and shall be readily 
available for consultation on the premises of tlie facility in 
case of an emergency, malfunction or breakdown of 
equipment or other needs. No person shall be in responsible 
charge of more than one surface water facility or five well 
water facilities without written permission from the Board. A 
request for permission shall include documentation that the 
facilities in question can be managed in compliance with the 
requirements of 15A NCAC 18C. An owner may designate a 
different person to be the operator in responsible charge for 
surface water treatment facilities, well water facilities, and 
distribution facilities. 

(b) The operator in responsible charge is actually in charge 
of t]ie daily operation and maintenance of the facility and 
shall reside within 50 miles of the facility and shall be readily 
available for consultation on the premises of the facility in 
case of an emergency, malfunction or breakdown of 
equipment or other needs. The operator in responsible charge 
of a non-community public water system shall not reside 
more than 50 miles from the facility without written 
permission from the Board. No person shall be in responsible 
charge of more than: 

(1) One surface water treatment facility without written 
permission from the Board, or 

(2) Five community public water svstems with well 
water facilities without written permission from the 
Board and not to exceed 15 well water facilities for 
community public water systems in any event, or 

(3) Ten non-community public water systems with well 
water facilities without written permission from the 
Board and not to exceed 30 well water facilities for 
non-community public water systems in any event. 

(c) When permission from the Board is required, the 
request shall include sufficient documentation to satisfy the 
Board that the facilities fn question can be managed in 
compliance with the requirements of 15 A NCAC 18C. 

(d) An owner may designate a different person to be the 
operator in responsible charge for surface water treatment 
facilities, well water facilities, and distribution facilities. 

(e) The operator in responsible charge shall report with 
annual certification renewal the name(s) and public water 
system identification number(s) for alf systems for which the 
operator is tlie operator in responsible charge. 

(f) If an operator in responsible charge takes responsibility 
for an additional system or relinquishes responsibility for any 
system, the operator shall notify the Board in writing within 
30 days of this change. 



SECTION .0700 - OPERATIONS AND 
MANAGEMENT 

.0701 OPERATOR IN RESPONSIBLE CHARGE 

(a) The operator in responsible charge must possess a valid 
certificate issued by the Board equivalent to or exceeding the 



Authority G.S. 90A-21(c). 



TITLE 21 - OCCUPATIONAL LICENSING 
BOARDS 



12:11 



NORTH CAROLINA REGISTER 



December 1, 1997 



925 



PROPOSED RULES 



CHAPTER 14 - BOARD OF COSMETIC 
ART EXAMINERS 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the N.C. State Board of Cosmetic Art Examiners 
intends to adopt rules cited as 21 NCAC MB .0605; 14J 
.0207. .0306 - .0307; amend 14A .0101; 14G .0003. .0007. 
14H .0005. .0013. .0018; 141 .0104 - .0105. .0107. 
.0401; 14J .0102 - .0103. .0202. .0206. .0303. 
.0501; 14K .0001, .0003; 14L .0101. .0105, .0214; 14N 
.0102 - .0105, .0107 - .0108, .0113; repeal 14H .0019; 14J 
.0104 - .0105, .0204 - .0205, .0401 - .0404; 14L .0108. 
Notice of Rule-making Proceedings was published in the 
Register on September 15, 1997. 



.0013. 
.0109. 



Proposed Effective Date: August 1, 1998 

A Public Hearing will be conducted at 8;00 a.m. on January 
6, 1998 at the N.C. State Board of Cosmetic Art Examiners, 
lllONavahoDrive. Suite 500, Raleigh, NC 27609. 



Reason for Proposed Action: 

was outdated. 



To update the curriculum that 



Comment Procedures: Written comments concerning this 
rule-making action must be submitted by January 6, 1998 to 
Dee Williams. Rule-Making Coordinator, N.C. State Board 
of Cosmetic Art Examiners, 1110 Navaho Drive, Suite 500, 
Raleigh, NC 27609. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds . These Rules do 
not have a substantial economic impact of at least five million 
dollars ($5,000,000) in a 12-month period. 

SUBCHAPTER 14A - DEPARTMENTAL 
RULES 



(6) "Cosmetology Student" is a student in any cosmetic 
art school with the exception of a manicurist 
student. 

(7) "Cosmetology Teacher" is any teacher who is 
licensed by the Board to teach the cosmetic arts. 

(8) "Manicuring" is that set of cosmetic arts related to 
the nails, hands, arms and feet. It includes 
traditional manicuring, pedicuring, arm and hand 
massages, and all types of artificial nails. 

(9) "Manicurist School" is a cosmetic art school which 
teaches only the cosmetic arts of manicuring. 

(10) "Manicurist Student" is a student in any cosmetic 
art school whose study is limited to the manicurist 
curriculum set forth in 21 NCAC 14K .0002. 

(11) "Manicurist Teacher" is a teacher who is licensed 
by the Board to teach only the manicuring 
curriculum. 

(12) "Booth" is a work station within a cosmetic art 
shop which is used primarily by one cosmetologist 
or manicurist in performing cosmetic art services 
for their clientele. "Booth" does not include the 
reception area, lavatories, common hair-drying 
facilities, common shampooing facilities or other 
areas used in common by the cosmetologists or 
manicurists working within a cosmetic art shop. 

ti5j "Cosmetic Art", as defined in G.S. 80-2, includes 

all me t hods and styles of b r aiding t he hai r , c o l o ring 
the — hatr; — and — extending — or — t hickening — jtn 
individual's own hai r by the inco rp o r ation o f 
additional hair. 

Authority G.S. 88-1; 88-23; 

SUBCHAPTER 14B - RULE-MAKING 
PROCEDURES 

SECTION .0600 - FEES 



SECTION .0100 - ORGANIZATIONAL RULES 

.0101 DEFINITIONS 

The following definitions apply in this Chapter: 

(1) "Beauty Establishment" refers to both cosmetic art 
schools and cosmetic art shops. 

(2) "Board" refers to the North Carolina State Board of 
Cosmetic Art Examiners. 

(3) "Cosmetic Art School" refers to any place where 
cosmetic art, as defined by G.S. 88-2, or methods 
of teaching cosmetic art are taught for purposes of 
licensing by the Board regardless of the title of the 
school or program. 

(4) "Cosmetic Art Shop" refers to any building, or part 
thereof, wherein cosmetic art, as defined by G.S. 
88-2, is practiced, other than a cosmetic art school. 

(5) "Cosmetology School" is any cosmetic art school 
which teaches cosmetology as defined by G.S. 
88-2, Paragraph 2, but is not a manicurist school. 



.0605 COSMETOLOGIST LICENSE FEE 

In addition to the fees set by G.S. 88-21. the following fee 
shall !2e payable to the Board: the license fee and the renewal 
fee of a registered cosmetologist shall be no more than thirty- 
nine dollars ($39.00) for three years payable in advance if the 
license is renewed before it becomes delinquent. 

Authority G.S. 88-23. 

SUBCHAPTER 14G - REQUIREMENTS FOR 

THE ESTABLISHMENT OF COSMETIC 

ART SCHOOLS 

.0003 SPACE REQUIREMENTS 

(a) The Cosmetic Art Board will issue letters of approval 
only to cosmetology schools that have at least 2180 2800 
square feet of inside floor space for 20 stations or 3240 4200 
square feet of inside floor space for 30 stations located within 
the same building. An additional 140 square feet of floor 



926 



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December 1, 1997 



12:11 



PROPOSED RULES 



space will be required for each station above 20 stations, up 
to and including a total of 30 stations. Thereafter, an 
additional 40 square feet will be required for each station in 
excess of 30 stations. For purpose of this Rule, the day and 
night classes shall be counted as separate enrollments. As an 
exception, a school may have a recitation room located in an 
adjacent building or another building within 500 feet of the 
main cosmetology building. 

(tr) — Cosmetology schools a ppr ov e d with 2180 squa r e f ee t 
of inside floo r space may en r oll no mo r e than 50 students at 
one time, and fo r e ach student enrolled in addition to 50 
students, 50 square feet of inside floo r s p ace mus t be 
provided. — Cosm e tology schools a ppr oved with 3240 square 
feet of inside floo r space may enroll no mor e than 60 students 
at one time, and fu r each student en r olled in addition 60 
students. 50 squar e feet of inside floo r s p ace must be 
pr ovided. For p ur p ose of this Rul e , the day and night class e s 
shall be counted as se p arate en r ollments. 

(b) tcjln addition each cosmetology school must have 5Q 
no less than 20 hairdressing stations, arranged to 
accommodate not less than 36 20 students and arranged so 
that the course of study and training in cosmetology, as 
prescribed by the Board, may be given. All stations must be 
numbered numerically. 

(c) fd)Cosmetology schools must also have a beginner 
department containing sufficient space to comfortably 
accommodate at least ten students and having at least 40 
inches between maimequins. 

(d) tr)The Board will issue letter of approval only to 
manicurist schools that have at least 1,000 square feet of 
inside floor space located within the same building. 

(e) tf)Manicurist schools with 1,000 square feet of inside 
floor space shall enroll no more than 20 students at one time, 
and for each student enrolled in addition to 20 students, 50 
square feet of inside floor space must be provided. 

(f) fg)In addition, manicurist schools must have ten 
manicurist tables and chairs a minimum of two feet apart, 
side to side, arranged to comfortably accommodate ten 
students. 

Authority G.S. 88-23. 

.0007 EQUIPMENT AND TEACHERS 

(a) A cosmetic art school shall have the necessary 
classrooms and equipment for teaching as required by 
Subchapters 141 and 14J, and shall provide a staff of cosmetic 
art teachers licensed by the Board. 

(b) The Board shall not accept an application for a letter of 
approval until all furniture, supplies and equipment as 
prescribed by the Board has been installed and the entire 
school is complete. 

(c) All courses in a cosmetic art school must be taught by a 
licensed cosmetology teacher, except that manicuring courses 
may be taught by either a licensed cosmetology teacher or a 
licensed manicurist teacher. 

(d) Authority for direction of the cosmetology program 
shall be delegated to a full-time director/manager at each 



cosmetic art school location. This authority encompass 
responsibilities for maintaining the Act to Regulate the 
Practice of Cosmetic Art in the State of North Carolina and 
other legal requirements in aH areas of the program, as listed 
in said Act. The program director shall records supervise 
maintenance of aU student records and verify and sign each 
student's application for the licensing examination as 
"Manager" of the cosmetology school before sending the 
application to the North Carolina State Board of Cosmetic Art 
Examiners. 

(e) t<i)Notwiihstanding Paragraph (c) of this Rule, a 
registered cosmetologist not licensed to teach cosmetic art 
may substitute for a cosmetology or manicurist teacher and a 
registered manicurist not licensed by this Board as a 
manicurist teacher may substitute for a manicurist teacher. In 
no event may such a substitution last for more than iO 15 
working days, days per year per teacher. 

Authors G.S. 88-23; 88-30. 

.0013 TEACHER/STUDENT RATIO 

(a) All cosmetic art schools shall provide one teacher for 
every 20 students, or a fraction thereof, present. 

(b) This ratio shall be adhered to at all times schools are in 
operation. Refer to 21 NCAC 14G .0015. 

(c) Each teaching cosmetology facility member shall not be 
responsible for more than 20 students in the same time 
period. A second Instructor is needed for two levels of 
instruction, beginner and advanced if taught in tlie same time 
period. 

Authority G.S. 88-23; 88-30. 

SUBCHAPTER 14H - SANITATION 

.0005 SANITARY RATINGS AND POSTING 
OF RATINGS 

(a) The sanitary rating of a beauty establishment shall be 
based on a system of grading outlined in this Subchapter. 
Based on the grading, all establishments will be rated in the 
following manner: 

(1) all establishments receiving a rating of at least 90 
percent or more, shall be awarded a grade A; 

(2) all establishments receiving a rating of at least 80 
percent, and less than 90 percent, shall be awarded 
grade ; and EL 

0j all establishments r eceiving a r ating of a t least 70 

p e r cent, and l e ss than 80 p e r cent, shall be awarded 
g r ad e C. 

(b) Every beauty establishment shall be given a sanitary 
rating. A cosmetic art school may be graded four times a 
year, and a cosmetic art salon may be graded once a year. 

(c) The sanitary rating given to a beauty establishment 
shall be posted in a conspicuous place at all times. 

(d) No beauty establishment shall be permitted to operate 
without first having obtained a sanitary rating card with a 
grade of not less than W 80 percent. 



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NORTH CAROLINA REGISTER 



December 1, 1997 



927 



PROPOSED RULES 



(e) Cosmetic art inspectors shall give each beauty 
establishment a new sanitary rating card each year. 

(f) Violation of any sanitary rules, or the operation of a 
beauty establishment which fails to receive a sanitary rating 
of at least 70 80 percent (grade 6) Dj shall be sufficient cause 
for revoking or suspending the letter of approval or permit. 

(g) A re-inspection for the purpose of raising the sanitary 
rating of a beauty establishment shall not be given within 30 
days of the last inspection, unless the rating at the last 
inspection was less than ?0 80 percent. 

Authority G.S. 88-23: 88-30. 

.0013 CLEANLINESS OF SCISSORS: SHEARS: 
RAZORS AND OTHER EQUIPMENT 

(a) All scissors, shears, razors, and other metal 
instruments used while shaping hair must be cleaned and 
disinfected after each use in the following manner: 

(1) If the implement is not immersible, it shall be 
cleaned by wiping it with a clean cloth moistened 
with a disinfectant that states the solution will 



destroy HIV, TB or HBV viruses and approved by 
the Federal Environmental Protection Agency in 
accordance with the manufacturer's instructions. 

(2) If it is immersible, it shall be disinfected by 
immersion, at least once a day and whenever it 
comes in contact with blood, with a disinfectant 
that states the solution will destroy HIV, TB or 
HBV viruses, and approved by the Federal 
Environmental Protection Agency in accordance 
with the manufacturer's instructions. 

(3) If the implement is not used immediately after 
cleaning, it must be stored in a clean, closed 
cabinet until it is needed. 

(b) Furniture, equipment and fixtures must be of a 
washable material and kept clean and in good repair. 

tci — Tanning beds mus t be wi pe d with a cleaning s o luti o n 
containing at least one p a r t alcoh o l or househ o ld bleach for 
eve r y t e n p arts water. 

Authority G.S. 88-23. 



.0018 SYSTEMS OF GRADING BEAUTY ESTABLISHMENTS 

(a) The system of grading the sanitary rating of manicurist schools, schools, and shops based on the rules set out in 21 
NCAC 14H .0006 to .0017 shall be as follows, setting out areas to be inspected and considered, and the maximum points given 
for compliance: 



(1) 
(2) 
(3) 

(4) 



(5) 
(6) 



(7) 
(8) 



(9) 
(10) 



(11) 



(12) 
(13) 



(14) 



clean and well-repaired entrance and reception room 2 

general condition of the entire establishment 8 

water system; hot and cold running water 2 

walls, ceiling and floors; 

(A) construction and coverings 4 

(B) clean 4 

(C) good repair 3 

lighting and fresh continuous ventilation (windows included); their adequacy and cleanliness 7 

public toilet; 

(A) clean and well ventilated 5 

(B) soap and individual towels furnished 5 

(C) hot and cold running water 2 

appearance of operators and students 4 

linens: 

(A) supply of clean towels 2 

(B) soiled towels properly stored in closed containers 2 

waste in closed containers and clean area 4 

equipment cleanliness; 

(A) disinfectants selected from those approved by the Federal Environmental Protection Agency 6 

(B) disinfectants used properly 5 

(C) all implements cleaned, disinfected, and properly stored 12 



(D) booths clean 

working area: 

(A) lavatories clean 

(B) jars and containers closed, clean and disinfected 

(C) no unnecessary articles in work area 

antiseptics and first aid supplies on hand 

cosmetics; 

(A) clean and sanitary conditions 

(B) storage area for supplies clean and in order . . . 
no animals or birds kept in establishment 



8 

4 
2 
2 
1 

2; 
3; 
1. 



928 



NORTH CAROLINA REGISTER 



December 1, 1997 



12:11 



PROPOSED RULES 



(b) The system of grading the sanitary rating of all other beauty establishments, based on the rules set out in 21 NCAC 14H 
.0006 to .0017 shall be as follows, setting out areas to be inspected and considered, and the maximum points given for 
compliance: 

(1) clean and well-repaired entrance and reception room 2; 

(2) general condition of the entire establishment 8; 

(3) water system; hot and cold running water 2; 

(4) walls, ceiling and floors: 

(A) construction and covering 4; 

(B) clean 4; 

(C) good repair 3; 

(5) lighting and ventilation (windows included); their adequacy and cleanliness 3; 

(6) public toilet: 

(A) clean and well ventilated 5, 

(B) soap and individual towels furnished 5, 

(C) hot and cold miming water 2; 

(7) appearance of operators or student 4; 

(8) linens: 

(A) supply of clean towels 2, 

(B) soiled towels properly stored in closed containers 3, 

(C) clean capes 1 ; 

(9) waste in closed containers and clean area 4; 

(10) equipment cleanliness: 

(A) disinfectants selected from those approved by the Federal Environmental Protection Agency 6, 

(B) disinfectants used properly 5, 

(C) all implements cleaned, disinfected, and properly stored +*t jjj^ 

(11) working area: 

(A) booths clean 4, 

(B) lavatories clean 4, 

(C) jars and containers clean and disinfected 2, 

(D) no unnecessary articles in work area 2; 

(12) dryers clean and in repair 3; 

(13) styling and shampooing chairs clean and sanitary 4; 

(14) antiseptics and first aid supplies on hand 1; 

(15) cosmetics: 

(A) clean and sanitary condition 2, 

(B) storage area for supplies clean and in order 3; 

(16) no domestic animals or birds kept in establishment 1. 



Authority G.S. 88-23; 88-30. 



.0019 NOTICE TO BOARD 

Each cosmetologist, a pp rentic e cosmetologist, manicu r ist, 
cosmetology t e ach e r, and manicu r ist teache r shall notify' the 
Boa r d within — 10 days of e ach change in the licensee's 
r esidenc e o r p lac e of business. — Notic e shall b e given in one 
of the following ways : 

t+1 by d ep ositing written notic e in th e United States 

mail with the correct add re ss and p ostag e ; 
^ by — p e r sonally delive r ing w r itt e n notice to the 



Board's offic e s; 



t3j by tele p hone o r fax t r ansmission (followed by 

w r i tt en no t ice that must b e actually r eceived in the 
Boa r d's office within 30 days of th e chang e ). 

Authority G.S. 88-23; 88-29. 

SUBCHAPTER 141 - OPERATIONS OF 



SCHOOLS OF COSMETIC ART 
SECTION .0100 - RECORD KEEPING 

.0104 WITHDRAWALS 

(a) When a student who is enrolled in a cosmetic art school 
withdraws from such school, whether by reason of transfer to 
another school, dismissal, suspension, voluntary 
disenrollment, or for any reason other than graduation, a 
report thereof shall be forwarded to the Board within 20 30 
working days of withdrawal. 

(b) Such report shall contain the following: 

(1) name of the student, 

(2) Social Security number, 

(3) the last date of attendance, 

(4) the reason for withdrawal (if known), 

(5) the hours completed at the time of withdrawal. 



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NORTH CAROLINA REGISTER 



December 1, 1997 



929 



PROPOSED RULES 



and 
(6) copy of all live model performances completed at 
the time of withdrawal. 

Authonry G.S. 88-23; 88-30. 

.0105 TRANSFER OF CREDIT 

(a) In order that hours may be transferred from one 
cosmetic art school to another, a student must pass an 
entrance examination given by the school to which the student 
is transferring, t r ansfe rr ing, cove r ing the p o r tion of wo r k 
com p leted in the previous school o r schools attended. 

(b) A cosmetology student must complete at least 256 500 
hours in the cosmetic art school certifying his or her 
application for the state board examination. 

(c) Upon written petition by the student, the Board, in its 
discretion, may make an exception to the requirements set 
forth in Paragraph (b) of this Rule if the student shows that 
unusual circumstances beyond the student's control prohibited 
him or her from completing 260 500 hours at the school 
which cenifies his or her application. 

(d) A student who wishes to transfer from a cosmetology 
course to a manicuring course may not receive credit for 
hours received in the cosmetology course. 

(e) A student who wishes to transfer from a manicurist 
course to a cosmetology course may not receive credit for 
hours received in the manicurist course. 

(f) If a student is transferring from another state, it is the 
student's responsibility to submit certification of hours and 
performances to the cosmetic art school in which the\' are 
enrolled. 

Authority G.S. 88-23: 88-30. 

.0107 REPORT OF ENROLLMENT 

(a) A cosmetic art school shall report cosmetolog y 
enrollments to the Board not later than 30 working days after 
a smdent enrolls in school. A cosmetic art school shall report 
manicurist enrollments to the Board not later than 15 working 
days after a student enrolls in school. If a student's 
enrollment is not reported within 30 working days for 
cosmetology and 15 working days for manicurist , the 
cosmetic art school shall file a copy of the student's daily 
time records when it reports the student's enrollment. 

(b) A student whose enrollment has not been properly 
reported to the Board will not be accepted for either the 
cosmetology examination or the manicurist examination, and 
no hours will be credited. 

(c) The North Carolina State Board of Cosmetic Art 
Examiners' Statement of Purpose for Cosmetic Art Education 
shall be given to each student at the time of enrollment. An 
acknowledgment of receipt of this shall be signed by the 
student and kept by the cosmetic art school with the 
permanent records of the student. 

Author! t\' G.S. 88-23; 88-30. 



.0109 SUMMARY OF COSMETIC ART 
EDUCATION 

(a) The manager of each cosmetic art school must compile, 
from the school's records, a summary of each student's ( 
g r ades, a summary of hours, live model performance 
completions, date of enrollment, and last date of attendance. 
The summary examination application must be presented to 
the student upon graduation or within 30 days after the 
student's last day of att e ndance, graduation date. 

(b) This summan * examination application must be signed 
by the manager, a teacher, and the student and must have the 
seal of the school affixed. 

(c) The sumjiiary examination application must be 
prepared on a form furnished by the Board and, if presented 
upon graduation, the cosmetic art school shall mail a copy 
with the school seal affixed of the summary examination 
application to the Board at the Board's address. 

Authority- G.S. 88-23; 88-30. 

SECTION .0400 - LICENSURE OF INDIVIDUALS 
WHO HAVE BEEN CONVICTED OF A FELONY 

.0401 APPLICATION/LICENSURE/ 

INDIVIDUALS WHO HAVE BEEN/ 
CONVICTED OF FELONY 

(a) In addition to other requirements, any applicant who 
has been convicted of a felony shall supply the following: 

( 1 ) A statement of the facts of the crime accompanied , 
by a certified copy of the indictment (or, in the ' 
absence of an indictment, a copy of the 
"information" that initiated the formal judicial 
process), the judgment and the commitment order 
for each felony for which there has been a 
conviction. 

(2) A listing of each place of residence for the 
applicant since the date of conviction. The 
applicant shall give the specific address by city or 
town, county, and state, and the specific dates for 
each residency. 

(3) A copy of the applicant's restoration of rights 
certificate, if applicable. 

(4) At least three letters attesting to the applicant's 
character from individuals unrelated by blood or 
marriage. If available, one of these letters must be 
from someone familiar with the applicant's 
cosmetology training and experience, one from the 
applicant's probation or parole officer, and one 
from the applicant's vocational rehabilitation 
officer. If letters from persons in these positions 
are unavailable, the applicant shall submit an 
explanatory statement as to why they are 
unavailable. 

(5) The names and addresses of at least three other 
unrelated persons who have known the applicant ,' 
for three or more years. 

(6) The name and address of the applicant's current or 



930 



NORTH CAROLINA REGISTER 



December 1, 1997 



12:11 



PROPOSED RULES 



last employer. 

(7) A brief summary of the applicant's personal history 
since conviction including, if applicable, date of 
release, parole or probation status, employment, 
and military service. 

(8) Records of any cosmetology or manicurist school 
disciplinary actions. 

(9) A description of any pending criminal charges with 
a copy of the indictment or, if there is not yet an 
indictment, the arrest warrant for each pending 
charge. 

(10) Any other information which in the opinion of the 
applicant would be useful or pertinent to the 
consideration by the Board of the applicant's 
request. 

(b) If a conviction was for an offense involving habitual 
drug or alcohol abuse, the applicant shall also provide 
verifiable evidence showing that he or she is drug/alcohol 
free. Examples of evidence which will be considered are: 

(1) enrollment in an on-going licensed treatment 
program, 

(2) drug analysis test results, and 

(3) certification of completion of a licensed treatment 
program. 

(c) The Boa r d will not issue any license to an applicant fo r 
licensu r e who has been convicted of a felony and is still 
incarce r at e d at the time of th e a pp lication. 

(c) fd^No applicant who has been convicted of a felony can 
be scheduled for an examination before the Board can review 
the application. 

Authority G.S. 88-23: 88-26(1). 

SUBCHAPTER 14J - COSMETOLOGY 
CURRICULUM 

SECTION .0100 - BEGINNERS' DEPARTMENT 

.0102 UNIFORM 

All students must wear a clean white washable uniform or 
white professional attire and clean, solid white shoes while in 
a cosmetology school. 

Authority G.S. 88-23. 

.0103 TIME REQUIREMENTS ACCORDING 
TO HOURS 

(a) The maximum time a student is allow e d to stay can 
earn in a cosmetology school in any one day is eight clock 
hours. The maximum time a student is allowed to stay can 
earn in a cosmetology school in any one week is 40 clock 
hours. 

(b) Hours earned on one day cannot be credited to another 
day. 

(c) Each student must complete 1200 hours in a 
cosmetology school before applying to the Board for the 
cosmetologist's examination, except those students enrolled 



for the manicurist course only. 

(d) Each student must spend 300 hours in the beginner 
department before entering the advanced department and may 
not work on members of the public during this 300 hou r s . 
hours except shampoo and scalp manipulations. 

(e) Hours earned in the beginner department must be 
devoted to scientific study and mannequin practice as outlined 
in 21 NCAC 14J .0104 and .0105. 

(0 Manicuring practice in the beginner department must be 
done during the first 300 hours of instruction and shall be 
done on the students enrolled in the cosmetology school. 

Authority G.S. 88-23. 

.0104 SCIENTinC STUDY 

Th e course of sci e ntific study as pr esc r ibed for beginning 
cosmetology students shall be as follows: 

t4i N.C. law as it per tains to cosm et ology-5 hou r s; 

t?1 sanitation, ste r ilization and fi r s t aid— 10 hours; 

(3^ bacte r iology--5 hou r s ; 



i4i anatomy--5 hou r s; - 

(5^ g r ooming and p er sonal hygiene- 10 hou r s; 



ifi) — skin, scal p , hai r , nails and thei r common disorders 
and diseases— 10 hou r s; 

i^ chemist r y p e r taining to cosmetology— 10 hou r s; 

i%) pr ofessional ethics- 10 hours; and 

(9) manicu r ing-5 hou r s. 

Aulhorit}' G.S. 88-23. 

.0105 MANNEQUIN PRACTICE 

P r actice of cosmetology techniques on mannequins fo r 
beginning students shall b e as follows : 

t4i scal p treatments— 5 hou r s; 

t2l sham p ooing and rinsing-5 hou r s; 

^ hai r dyeing and bleaching— 30 hou r s; 

t4i hai r d r cssing and combing— 50 hours; 

(5) fing er waving, p incurling and r olle r p lacemcnt-50 

hours; 

hai r cutting— 20 hours; 






permanent waving, ma r celling, c r oquignolc or hair 
pr e ssing-30 hou r s ; 

(8) frosting and st r eaking— 10 hou r s; 

f9) — wigs, ca r e and styling-lO hou r s; and 
f+0) marcel curling iron and blow d r yc r -20 hou r s. 

Authority G.S. 88-23. 

SECTION .0200 - ADVANCED DEPARTMENT 

.0202 PRACTICAL WORK FOR 
ADVANCED STUDENTS 

(a) The hours earned in the advanced department must be 
devoted to study and live model performance completions. 

(b) Work in this department may be done on the public. 
Students with less than 300 hours credit must not work in this 
department and are not allowed to work on the public. 



12:11 



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December 1, 1997 



931 



PROPOSED RULES 



td — A list of names ot studen t s e ligible fo r wo r k on the 
p ublic must b e ariangcd alphabetically and p at r on wo r k mus t 
be assign e d to each student in tu r n. 

(th Ap p ointm e n t books cannot be used nor r equests 

granted fo r any one student. 

(c) tc)All work done by students on the public must be 
checked by the cosmetology teacher as the work is being 
peiformed and after the service has been completed so that the 
teacher may point out errors to the student in order that they 
may be corrected. 

Authority G.S. 88-23. 

.0204 COURSE WORK REQUIREMENT 

The course wo r k done by advanc e d students shall be as 
follows : 

t+-> l e c t ures on scientific study-- 10 hou r s; 

(5^ chemist r y. — as — necessary — to — the — pr ac t ic e — of 

cosmetology- 10 hou r s; 
i5) anatomy- 10 hou r s ; 



t4) bac ter iology- 10 hou r s; 

(5j skm-, — scal p , — harr. — nari^ — and — thrrr — common 

diso r de r s— 20 hou r s : 

f6^ grooming and p e r sonal hygiene— 5 hou r s: 

f^i p in cu r ling. Finger waving, r olle r s and combing— 20 

hou r s ; 

i%) elec t rical marcel cu r ling i r ons and blow d r ye r s-20 

hou r s ; 

f9i pciinaiicnt waving, marcelling, c r oquignol e o r hai r 

re laxing--35 hou r s; 

t+6i han - colo r ing and bleaching— 25 hou r s ; 

(4-H sal e smanshi p --5 hou r s ; 

t^ manicuring- 10 hou r s; 



t+^1 cosmetics-- 10 hou r s; 

t+4-) — scal p tr e atm e nts- 10 hou r s; 

fi5l r olle r — p lacement — and — pin — onH — p lacement — and 

di r ectional waving fo r design- 10 hours; 

wig ca r e and stvling--2 hou r s; 



f¥h frosting and str e aking- 10 hou r s: 

ftti pr ofessional e t hics- 10 hou r s; and 

ti^) sanitation and stc r ilization-20 hou r s. 



Authority G.S. 



-23; 



.0205 LIVE MODEL PERFORMANCE 
REQUIREMENTS 

ts) — The following live model performance 



:om p letions 



shall b e done by each studen t in the advatic e d d e partmen t 
befo r e the s t udent is eligible to take the cosmetologist's 
examination. — Sharing of perfoiinancc comple t ions shall no t 
be allow e d. — C r edi t for a performance shall only b e giv e n to 
one student. — Th e s e p e ifoimaiicts shall only be don e on liv e 
m o dels: 

tii hair — and — scalp — t r eatments-30 — hou r s — ^ — h5 



tif- 



tr^ 



Hf- 



f5t- 



ter- 



ffY 



performance com p letions; 

hairstyling — and shampooing— 1 9 4 hours 

pLifuuiiancc com p letions; 

tinting and bleaching— 50 

com p letions; 

f r osting and st r eaking— 20 hours 

com p letions; 

tem p o r a r y — r inses— 10 hou r s — =- 

com p letions: 

SLiiii pciiiiaiiLui linsts 

com p l e tions: 

cold — permanent — waving 



-i5e 



hou r s — 6 perfoiiiidiiLt 
- 4 performaiKC 
20 p e r formance 



5 hours - 4 perfonudiicL 
h o u r s — 



456- 



^ 



m- 



m- 



fWV- 






H^ 



tMt- 



tbr 



peifon i ianc e completions; 

marcelling, c r oquignol e anti pciiiidiiLiit 

r elaxing-35 hou r s- 15 p e r formances completions, 

facials. — massag e s. — p acks, — eyeb r ow — arching- 10 

hou r s - 10 p e rformance completions; 

lash and b r ow tinting- 10 hou r s — 4 perfeii ' iuantL 

com p letions; 

manicu r ing and hand and aim massdge-20 hours - 

20 p e r formance com p letions; 

hai r — shaping- 100 — hmrrs — =- — 25 — peifoiiiidin.e 

comple t ions: 

wig care and styling— 4 hou r s - 2 pcifoiinaiicc 

completions; and 

ma r cel cu r ling iron and blow d r y er s-10 hours-10 

pcifoiiiiajiLcs com p l e tions. 

C er tification — of — these — live — model — perfoimaiic e 



completions shall be r equi r ed along wi t h the a p plica t ion f or 



Authority G.S. 88-23. 



.0206 



EQUIPMENT IN ADVANCED 
DEPARTMENT 

The advanced department must be equipped with 
following minimum equipment in the department: 



the 



(1) 



(2) 

(3) 

£41 
£51 



m 

01 



20 to 29 stations, two fcrar manicure tables and 

stools, 30 or more stations. 4 manicure table and 

stools. 

20 to 29 stations. 10 eighteen dryers and chairs, 30 

or more stations. 15 dryers and chairs. 

eight shampoo bowls and chairs, 

th ree heating ca p s o r one conditi o ning machin e . 

(5)thiny 20 dressing tables and styling chairs, 

(6)th r ee 20 to 29 stations, one facial chairs, 30 or 

more stations, two facial chairs. 

t^three marcel heaters, 

tS)three marcel i r ons, and irons. 

sufficient cold wav e rods fo r each s t udent en r olled 

in the de p artment. 



Authority G.S. 88-23. 



.0207 LIVE MODEL/MANNEQUIN PERFORMANCE REQUIREMENTS 

(a) The following minimum live model/mannequin performance completions shall be done by each student in the advanced 



932 



NORTH CAROLINA REGISTER 



December I, 1997 



12:11 



PROPOSED RULES 



department before the student is eligible to take the cosmetologist's examination. 


Sharing of 


performance completions shall not 


be allowed. Credit for a performance shall onlv be 


given 


to one student. 






















1200 






1500 












Live Model 


Maniq. 


Live Model 




Maniq. 


m 


scalp/hair treatments w/massage 






15 . 






15 






m 


roller sets/stvles 






50 




25 


75 




25 


01 


fullhead fmgerwave/stvle 






5 


OR 


5 


5 


OR 


5 


(4) 


fullhead pincurl/stvle 






5 


OR 


5 


5 


OR 


5 


m 


blowdrv/marcel stvle 






50 




25 


75 




25 


£6} 


blowdrv/stvle with brush 






S 


OR 


5 


10 


OR 


10 


m 


thermal press & curl 






3 


OR 


3 


5 


OR 


5 


(81 


artificial hair 






2 


OR 


2 


2 


OR 


2 


(9) 


haircuts 






25 




25 


50 




25 


(10) 


chemical reformation permanent waving 


& relaxers 


20 




5 


30 




5 


OJQ 


temporary color 






5 










5 


(12) 


semi perm color 






5 




5 


15 




5 


03} 


permanent color 






10 




5 


15 




5 


(14) 


hair lightening/hilighting 






5 


OR 


5 


iQ 


OR 


10 


(15) 


lash & brow tinting 






2 






4 






(16) 


manicure with arm & hand massage 






15 






15 






(17) 


pedicure with leg & foot massage 






2 






2 






(18) 


artificial nails (sets) 






2 


OR 


2 


2 




2 


(19) 


facials with massage/makeup 






5 






iQ 






(20) 


hair removal 






5 










5 


(b) Certification of these live model/mannequin 


performance completions shall be reauired alone with the aniilication for the 


examination. 


















(c) A live model mavbe substituted with a mann 


equin 


for ai 


IV mannequi 


n service. 









Authority G.S. 88-23. 

SECTION .0300 - COMBINED STUDIES 

.0303 STUDENTS' PERSONAL SUPPLIES 

Each student shall have the following minimum supplies: 

(1) manicure supplies and implements for a complete 
manicure; 

(2) six combs; 

(3) six brushes; 

(4) sufficient pin curl clips; 

(5) sufficient smooth rollers; 

(6) one marcel comb; comb, hard rubber; 

(7) one electric curling i r on; iron, marcel: 

(8) one razor; 

(9) two scissors, one tapered and one straight; 

(10) one eyebrow tweezer; 

(11) one tint comb; 

(12) one blow dryer; and 

(13) one copy of "An Act to Regulate the Practice of 
Cosmetic Art in the State of North Carolina", and a 
copy of the course curriculum requirements, both 
of which shall be at no charge to the student for the 
first copy. 

Authority G.S. 88-23. 

.0306 COURSE WORK REQUIREMENTS FOR 
BEGINNERS AND ADVANCED 



The course work done by beginners and advanced students 
shall be as follows: 

(1) orientation. 

(2) your professional image. 

(3) sanitation and bacteriology. 

(4) Properties of the scalp and hair. 

(5) draping, shampooing, rinses. 

(6) hair shaping. 

(7) hair and hairstyling. 

(8) thermal pressing and stvling. 

(9) Permanent waving and chemical relaxing. 

(10) hair coloring. 

(11) artificial hair. 

(12) nails and manicuring. 

(13) Facials, makeup, and skin care. 

(14) anatomy. 

(15) electricity. 

(16) chemistry. 

(17) salon business. 

Authority G.S. 88-23. 

.0307 TESTS 

Written tests and examinations shall be given in all 

subjects. 

Authority G.S. 88-23. 



12:11 



NORTH CAROLINA REGISTER 



December I, 1997 



933 



PROPOSED RULES 



SECTION .0400 - COURSE OF STUDY 

.0401 CURRICULUM REQUIRED 

The cou r se of study o r curriculum desc r ibed in 21 NCAC 
14J .0402 to 14J .0404 is requi r ed by the Boa r d, and all 
students shall be giv'en a compl e te course in the same. 

Authority G.S. 88-23; 

.0402 PRACTICAL ASPECTS OF STUDY 

Practical as p ects of study shall be as follows: 
tii the systematic massaging of th e scal p , fac e , n e ck, 



^i^ 



shoulde r s and hands; 

the use of cosmetic p r e p arations and antise p tics: 



ei 



manicu r me: 



t+) cutting hair: 

(51 dyeing hair, eyeb r ows and lashes; 

t^l cl e ansing of scal p and hai r ; 

^ ar r anging, d r essing, and waving hai r . 

Authority G.S. 88-23. 

.0403 RELATIVE SUBJECTS 

(a) Relative subjects shall be taught as necessary in, o r as 
a pp lied to, the p ractice of cosmetology. 

(b) R e lative subjects of study shall b e as follows: 
f-h p hysiology: 

f¥) derma t ology; 

fSr) bact er iology; 



t^ 



anatomy 
icct; 



of the h e ad, neck, shoulders, hands and 



(51- 



chcmist r y of cosme 
care of the skin 
sanitation; 



tology; 



myology 

fcctr 

angiologv 



of the head, neck, shoulde r s, hands and 



(Wl neu r ology; 

(Wl — os t eology: 

(+21 e thics and sho p management: 

fUr) diseases of the scal p and skin ; 

fMI stimulation-m e chanical, chemical, thermal, nerv e 

im p uls e s: 
(+5) t he use of electrical instruments, di7 e rs, ptrmancnt 

waving machines, vibrators, the r a p eutic lam p s, and 

steame r s. 



Authority G.S. 88-23. 
.0404 TESTS 



Wr 



mtten tests 
subjects. 



and examinations shall be giv e n in all 



Authority G.S. 88-23. 

SECTION .0500 - CREDIT FOR COSMETOLOGY 



STUDY OUTSIDE OF NORTH CAROLINA 

.0501 APPROVAL OF CREDIT FOR 

COSMETOLOGY INSTRUCTION/ 
ANOTHER STATE 

(a) A cosmetology stud e n t An applicant may receive credit 
for instnjction taken in another state if the conditions set fonh 
in this Rule are met or by approval of the Board. 

(b) The cosmetology student's applicant's record shall be 
certified by the state agency or department that issues licenses 
to practice in the cosmetic ans. If this agency or department 
does not maintain any student records or if the state does not 
give license to practice in the cosmetic arts, then the records 
may be certified by any state department or state agency that 
does maintain such records and is willing to certify their 
accuracy. If no state department or board will certify the 
accuracy of the student's records, then this Board shall review 
the student's records on a case-by-case basis. 

(c) If the requirements of Paragraph (b) of this Rule are 
met, then the Board will give credit for hours of course work 
and for mannequin and live model performances to the extent 
certified, up to the amount of credit that the student would 
receive for instruction in a school licensed by the Board. If 
the certification includes only total hours and does not specify 
what performances have been completed, this Board will not 
give any credit for performances completed as part of the 
out-of-state instruction. 

Authority G.S. 88-12; 88-19. 

SUBCHAPTER 14K - MANICURIST 
CURRICULUM 

.0001 UNIFORMS 

All students in training as manicurists shall wear a clean 
white washable uniform or white professional attire, nametag 
identifying academic status, and clean, solid white shoes. 



Authority' G.S. 



-23. 



.0003 EQUIPMENT AND INSTRUMENTS 

(a) A manicurist school shall be equipped with the 
following minimum equipment: 

(1) two handwashing sinks, separate from restrooms, 
located in or adjacent to the clinic area, 

(2) adequate chairs for patrons in the clinic area, 

(3) 10 work tables with adequate light in the clinic area 
for every 20 students, 

(4) pedicure chair and basin, 

(5) one wet and one dry sterilizer for each work table, 

(6) a covered waste container for each work tabic, and 
located in the clinic area, and 

(7) a covered container for soiled or disposable towels 
fo r e ach wo r k table: located in the clinic area, and 

(b) Each student shall be supplied with: 

(1) a manicurist bowl, 

(2) nail brushes. 



934 



NORTH CAROLINA REGISTER 



December I, 1997 



12:11 



PROPOSED RULES 



(4) 



(3) a tray for manicuring supplies, 

(4) one set of mannequin hands, 

(5) a manicuring kit containing proper implements for 
manicuring and pedicuring, and 

(6) implements for artificial nails, nail wraps and 
tipping. 

Authority G.S. 88-23; 88-30. 

SUBCHAPTER 14L - COSMETIC ART 
TEACHERS 

SECTION .0100 - TEACHER 
QUALinCATIONS AND EXAMINATIONS 

.0101 QUALIFICATIONS - COSMETOLOGIST 
TEACHERS 

(a) To be a cosmetology teacher, an applicant must: 

(1) have a high school diploma or a high school 
graduation equivalency c ert ificate; certificate and a 
current North Carolina cosmetology license: 

(2) have either; 

(A) practiced cosmetology in a cosmetic art shop 
for a period equivalent to five years of 
full-time work; or 

(B) completed an 800-hour teacher training 
course in cosmetology set forth in Rule 14L 
.0216(a) in an approved cosmetic art school; 
and school and pr acticed cosmetology in a 
cosme t ic an sho p for a p e r iod equivalent to 
six months of fiill-tim e wo r k; and 

(3) pass the cosmetology teacher's examination, 
(tr) — The r equired six months' ex p e r ience may be gained 

while a cosm e tologist is en r olled in a t e ach er t r ain ee cou r se, Auihorit}- G.S. 88-21; 88-23. 
but it must consis t of ex p e r ience in a cosmetic a rt sho p . 

(b) (clThis Rule applies to applicants who submit an 
application to be a cosmetology teacher on or after August 1, 
1989, except those who were enrolled in a teacher training 
course on that date. The rules in effect until August 1, 1989 
apply to applicants who were enrolled in a teacher training 
course on that date. 



■0202(b) in an approved cosmetic art school : 
and school and practiced manicuring in a 
cosmetic a r t sho p fo r a p eriod equivalen t to 
six months of full-time work, and 
pass the manicurist teacher's examination. 



(tr) — The r equi r ed six months' ex p e r ience may be gain e d 
while a manicu r ist is en r olled in a teacher trainee course, but 
it must consist of ex p e r ience in a cosme t ic art shop. 

(b) tc)Applicants who are registered manicurists in good 
standing in this State and who were regularly employed in a 
school in this State as a teacher of manicuring before January 
1, 1991, may substitute the equivalent of three years of 
full-time teaching in lieu of the requirements of Paragraph 
(a)(3) of this Rule if they apply for a license as a manicurist 
teacher on or before January 1, 1993. 

Authority G.S. 88-23. 

.0108 TEACHER TRAINEE NOTEBOOK 

Two l e sson p lans must be w r itten from a standa r d textbook 
at the examination site. 

Authority G.S. 88-23. 

SECTION .0200 - TEACHER PROGRAM 
AND CURRICULUM 

.0214 FEE 

An applicant for a cosmetic art teacher's license shall pay a 
fee of t e n dolla r s (SIO.OO) as set by the Board, according to 
state law for the license. The Board shall not issue a license 
until this fee is paid. 



Authority G.S. 88-23. 

.0105 QUALIFICATIONS - MANICURIST 
TEACHERS 

(a) To be a manicurist teacher, an applicant must: 

(1) have a high school diploma or a high school 
graduation equivalency certificate; 

(2) be a registered manicurist or cosmetologist in this 
State; 

(3) have either: 

(A) practiced manicuring in a cosmetic art shop 
for a period equivalent to five years of 
full-time work; or 

(B) completed a 320-hour teacher training course 
in manicuring as set fo r th in Rul e — Hh 



SUBCHAPTER 14N - EXAMINATIONS 
SECTION .0100 - GENERAL PROVISIONS 

.0102 INITIAL APPLICATIONS AND FEES 

(a) All applications for examination must be on a form 
provided by the Board. 

(b) If an int erpr eter o r othe r special arrangements are 
required, the initial application to take an examination must 
include, as appropriate: 

tii An a pp lication fo r an int erpr eter pursuan t to 21 

NCAC 14N .0106. o r 

(1) t^An application for special arrangements pursuant 
to 21 NCAC 14N .0107, or 

(2) (3)Doth The applications described in 
Sub p a r agra p hs (a)(1) and (2) Subparagraph (b)(1) 
of this Rule. 

(c) The application must be filed with the Board and 
accompanied by the applicable examination fee. If the 
application is not signed or is inadequately completed, or the 
proper supporting documentation is not enclosed, or the 
applicable fee is not paid, the application shall be deemed 



12:11 



NORTH CAROLINA REGISTER 



December 1, 1997 



935 



PROPOSED RULES 



incomplete and returned. 

(d) If the examination fee is paid by check or money order, 
the check or money order shall be made payable to the "Board 
of Cosmetic Art Examiners". 

(e) If at all possible, the Board will schedule candidates 
whose properly completed applications are received by the 
10th of one month to take the examination during the 
following month. The Board will assign the candidate to the 
location nearest to the candidate that is available for that 
month. 

(f) Cajididatcs for licensure as an a ppr entice cosmetologist 
shall take the cosmetologist e.Taminaiion. 

Authority G.S. 88-10(2); 88-12(2); 88-16; 88-17; 
88-21 (a) (16); 88-23; 88-30(4). 

.0103 GENERAL EXAMINATION 
INSTRUCTIONS 

(a) All candidates scheduled for an examination are 
required to bring: 



their social security number, 

a form of identification with a current picture, 

a kit containing all supplies necessary to perform 

all services required by the examination, and 

No. 2 p encils, pencil, and 

the examination notification. 

(b) Candidates for the cosmetologist examination shall 
bring either a live model two or mannequin that conforms 
with the applicable requirements set forth in 21 NCAC 14N 
.0104 and .0105. 

(c) Candidates for the cosmetologist teacher and manicurist 
teacher examinations examination shall brina e ither fou r live 



(1) 
(2) 
(3) 

(4) 
£5J 



models o r fou r mannequins that coiifuim with the applicable 
requirements set fonh in 21 NCAC 14N .0104 and .0105: 
howeve r , each candidate must pr ovide a live model fo r the 
manicu r ist p onion of the examination. These live models o r 
mannequins shall be suitable fo r demonst r ating the full r ang e 
of s er vices r equi r ed by the cosmetology cu rr iculum, a kit 
containing the supplied necessary to perform all services 
required by the examination. 

{;&) — Candidates fo r the manicu r ist o r manicu r ist teache r 
examination shall b r ing a live model. 

(d) f^tCandidates will not be accepted after roll call. 

(e) tf)No candidates will be allowed to bring books, 
electronic devices, calculators, papers, or reference materials 
of any kind into the testing room, except as provided in 
Paragraph fg^ ijQ of this Rule. 

(f) fg^osmetology teacher and manicurist teacher 
candidates may use visual aids, prepared in advance, during 
the practical examination. During the lesson planning part of 
the examination, only a text book brought by that candidate 
may be used. 



Authority G.S. 88-10(2); 
88-21 (a) (16); 88-23; 88-30(4). 



S-12(2); 



S-16; 88-1 7; 



(a) If p u r suant to 21 NCAC 14N .0103(b) or (c), a a 
cosmetology teacher candidate has chosen to bring a live 
model for the examination, the model must: 



(1) 
(2) 

(3) 



be at least 18 years old, 

submit to all cosmetic art services required by the 

examination, and 

agree to a haircut of at least one to one and one-half 

inches during the examination. Hair must be of 

sufficient length to perform requirements after 

cutting. Prior to the examination, the model's hair 

must have already been shampooed, set and dried. 

(b) A model brought by a candidate for the manicurist or 
manicurist teacher examination, pursuant to 21 NCAC 14N 
.0103(d) shall: 

(1) be at least 18 years old, 

(2) submit to all cosmetic art services required by the 
examination. 

(c) Cosmetic art school or shop owners, registered or 
apprentice cosmetologists, manicurists, cosmetology or 
manicurist teachers, salon operators, and present or former 
cosmetology or manicurist students, except as provided in 
Rule .0105(c). of this Section, may not sit as models. 

(d) No model may sit for more than one candidate at one 
exam. 



Authority G.S. 88-10(2); 
88-21 (a)(16); 88-23; 88-30(4). 



88-12(2); 88-16; 88-17; 



.0104 LIVE MODEL REQUIREMENTS 



.0105 MANNEQUIN REQUIREMENTS 

(a) If, pursuant to 21 NCAC 14N .0103(b) and (c), a 
candidate has chosen to bring a mannequin for the 
examination, the mannequin's hair shall be of sufficient 
length for the candidate to perform at least a one to one and 
one-half inch haircut. Hair shall be of sufficient length to 
perform requirements after cutting. The candidate shall bring 
a holder for the mannequin. 

(b) Prior to the examination, the mannequin's hair shall 
have already been shampooed, set and dried. 

(c) When a manicu r e is r equi r ed during t he cosme t ologis t 
examination, the candidate who has b r ough t a mannequin 
r ath er than a model shall perform the manicu r e on an o ther 
candidate. 

tdl — Exc ept as p r ovid e d in Parag r a p h (c) of this Rule, all 
r e quir e d s er vices shall be done on one mannequin. 

Authority G.S. 88-10(2); 88-12(2); 88-16; 88-17; 
88-21 (a) (16); 88-23; 88-30(4). 

.0107 SPECIAL ARRANGEMENTS FOR 
DISABLED 

(a) If a candidate has a disability which will require special 
arrangements to take an examination, the candidate shall 
request such arrangements with his or her application for 
examination. The request for special arrangements shall be in 
writing and shall set out in sufficient detail what special 
arrangements are needed. The Board shall make reasonable 
accommodations for candidates requesting assistance under 



r 



936 



NORTH CAROLINA REGISTER 



December 1, 1997 



12:11 



PROPOSED RULES 



this Section, including any assistance required by applicable 
provisions of the Federal Americans with Disabilities Act. 

(b) If reading assistance, or a reader is required, the 
application for special arrangements shall also be 
accompanied by a letter from the candidate's cosmetic art 
school which documents the assistance the candidate required 
during classes there. If the candidate is unable to obtain a 
letter f r om a cosmetic art school, then In addition, the 
candidate shall submit a letter from a professional qualified to 
diagnose and document the disability. 

fc^ hi — aH — other cases, — the — application — for — s p ecial 

arrangements shall be accoin p anicd by a letter from a 
professional — qualified — to — diagnose — and — document — the 
disability. 

(c) td)The candidate shall provide any special equipment 
or readers. A reader shall be 18 years of age or older. 

(d) (e)A reader shall not be: 

(1) currently or formerly licensed by this state or any 
state, nor have received or is currently receiving 
any training, in any branch of cosmetic art; 

(2) a current or former owner or employee of any 
beauty establishment; 

(3) simultaneously a model for any candidate taking the 
examination. 

(e) (f^The application for permission to use a reader shall 
be made on a form provided by the Board. 



Authority G.S. 88-10(2); 88-12(2); 88-16; 
88-21 (a) (16); 88-23; 88-30(4). 



-17; 



.0108 FAILURE TO APPEAR FOR EXAMINATION 

(a) If a candidate fails to appear for the scheduled 
examination, the examination fee shall not be refunded. 

(b) Notwithstanding Paragraph (a) of this Rule, the 
examination fee may be refunded to a candidate who has 
failed to appear for the examination if verification of good 
cause for failing to appear is mailed to the Board within 
fifteen days of the examination date. 

(c) Determination of "good cause" under this Rule is 
within the Board's discretion. 

(d) "Good cause" includes events beyond the control of the 
candidate that prohibited him or her from attending the 
examination. Examples of good cause are serious personal 
illness or accident, and death or serious illness in the 
immediate family. 

(e) Acceptable verification of good cause is any written 
communication from a person not related to the candidate that 
would tend to support the candidate's stated reason for failing 
to attend the examination. Some examples of acceptable 
verifications would include a statement from an attending 



physician, an official accident report or an obituary notice. 

(f) — The license fee shall be credited to the candidate's 
account unl e ss candidat e notifies the Board in writing that h e 



or she docs not wish to re-apply, 
shall be r efunded. 



In that case, the license fe e 



Authority G.S. 88-10(2); 88-12(2); 88-16; 
88-23; 88-30(4). 



88-17; 88-21; 



.0113 RE-EXAMINATION 

(a) If, upon application for re -examination, the applicant 
has taken and passed one section of an examination, he or she 
shall apply for re-examination only on the section of the 
examination which he or she did not pass. 

(b) Applicants for re-examination must apply for 
re-examination in writing and pay the appropriate 
examination fee. 

(c) Notwithstanding any other provision of these Rules, 
pursuant to G.S. 88-16(4), a cosmetology candidate or other 
candidate who has failed either section of the examination 
five times, is required to complete an additional 200 hours of 
study at an approved cosmetic art school before another 
application for re-examination may be accepted by the Board. 

(d) Any candidate for the cosmetology teacher 
examination, or manicurist teacher examination, who fails the 
pr actical p o r tion of the examination twice, must may request 
an examination review and complete no less than 200 hours in 
a teacher training course designed to address the candidate's 
deficiencies before taking the examination again. 

(e) Upon written request by any candidate, the Board shall 
release a summary of the results of each category of the 
practical section of the most recent examination to the school 
in which the candidate is enrolled for the additional study, 
pursuant to G.S. 88-16(4) or Paragraph (d) of this Rule. 

(0 The school in which the student has enrolled pursuant 
to G.S. 88-16(4) shall design a course of study for that 
student in order to correct the student's deficiencies. The 
course of study must be submitted to the Board for approval. 

(g) A candidate for licensure as an apprentice 
cosmetologist who 

( 1 ) passes the examination with a score of 75 percent 
or more on both sections; and 

(2) subsequently completes an additional 300 hours 
within one year of the examination date may be 
licensed as a cosmetologist under G.S. 88-12 
without retaking the examination. 

Authority G.S. 88-10(2); 88-12(2); 88-16; 88-17; 

88-21 (a) (16); 88-23; 88-30(4). 



12:11 



NORTH CAROLINA REGISTER 



December 1, 1997 



937 



TEMPORARY RULES 



The Codifier of Rules has entered the following temporan rule(s) in the North Carolina Administrative Code. Pursuant to 
G.S. 150B-2 1.1(e), publication of a temporary nde in the North Carolina Register ser\'es as a notice of rule-making 
proceedings unless this notice has been previously published by the agency. 



TITLE 10 - DEPARTMENT OF HEALTH AND 
HUMAN SERVICES 

Rule-making Agency: Social Senices Commission 

Rule Citation: 10 NCAC 41A .0007; 41F .0707. .0813 

Effective Date: October 28, 1997 

Findings Reviewed by Beecher R. Gray: .Approved 

Authority for the rule-making: G.S. 131D-1 0.2-3 and .6 

Reason for Proposed Action: With the passage of S.L. 
1997-110, 41 A .0007 needs to be amended to incorporate the 
10 day time limit in which to grant or deny a waiver request 
of the licensure rules. With the passage of S.L. 1997-140. 
41 F .0707 and .0813 need to be amended to ensure that any 
person 18 years or older residing in a family foster home is 
required to have fingerprint based criminal history checks. 
These Rides are being proposed for temporary amendment to 
further ensure the protection of thousands of children in 
family foster homes and residential child care facilities 
throughout the State and to comply with the law. 

Comment Procedures: .Anyone wishing to comment should 
contact Sharnese Ransome, APA Coordinator. Social Senices 
Commission, NC Division of Social Services. 325 N. 
Salisbury St.. Raleigh, NC 27603, phone (919) 733-3055. 

CHAPTER 41 - CHILDREN'S SERVICES 

SUBCHAPTER 41A - IDENTIFYING ESTORMATION: 
MANUALS AND FORMS: COVERAGE 

.0007 WAIVER OF LICENSING RULES AND 
APPEALS PROCEDURES 

(a) The Department of Health and Human Resou r ces 
Services may allow a waiver to a licensing rule or rules to 
persons subject to licensure pursuant to G.S. 131D, Article 
lA in accordance with the following criteria: 

(1) persons seeking a waiver must submit a written 
request on a form developed by the Department to 
the Depanment showing that another way of 
meeting a rule maintains the health, safety, and 
well-being of individuals being served at or above 
the level required by the rule; 

(2) no waiver shall be allowed by the Department to 
any rule based on a standard adopted by the 
Building Code Council and subject to the general 
supervision and enforcement of the Commissioner 
of Insurance: 



(3) 



(4) 



(5) 



(6) 



(b) 



(1) 



no waiver shall be allowed by the Department to 
any rule governing fire safety: 
no waiver shall be allowed by the Department to 
any rule based upon a standard adopted by the 
Health Services Commission: 
the waiver when allowed remains in effect for the 
term of the license and may be renewed if the 
Depanment determines that the health, safety and 
well-being of individuals being served are not 
threatened, threatened: 

upon receipt of the waiver request form, a decision 
to grant or deny the waiver will be made by the 
Depanment within ten business days of its receipt. 
The Depanment of Health and Human Resou r c e s 
Services may deny, suspend or revoke a license at any time 
for failure to comply with licensing rules adopted pursuant to 
G. S. 131D, Anicle lA or for operating in a maimer that 
threatens the health, safety or well being of individuals in the 
facility. 

Denial, suspension, or revocation of licensure by 
the Depanment of Health and Human Resources 
Services shall be effected by mailing to the 
applicant or license holder, by cenified mail, a 
notice setting fonh the panicular reasons for such 
action. Such denial, suspension, or revocation 
shall become effective 60 days after the receipt of 
the notice absent a notice as specified in (2) of the 
Rule. 

At any time prior to the effective date of the denial, 
suspension, or revocation of a license the applicant 
or license holder may petition for a determination 
of his legal rights, privileges, or duties. All 
petitions must be in writing and contain a statement 
of the facts prompting the request sufficient to 
allow for appropriate processing by the Depanment 
of Health and Human Resou r ces Services. 
The petition for a hearing shall be filed with the 
Office of Administrative Hearings in accordance 
with G. S. 150B-23 and 26 NCAC 3 .0003. In 
accordance with G. S. lA-1, Rule 4 (j) 4, the 
petition shall be served on a registered agent for 
service of process for the Depanment of Health and 
Human Resou r ces Services. A list of registered 
agents may be obtained from the Office of 
Legislative and Legal Affairs. 
Procedures for the processing of an appeal of an 
adverse licensing action and for the final decision 
are specified in G. S. 150B, Anicle 3 and 10 
NCAC IB .0200. 

History Note: Authorm G.S. 131D, Article lA; 143B-153: 
150B-11: 150B-22: 150B -23: 



(2) 



(3) 



(4) 



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Eff. April 1, 1984; 
ARRC Objection March 16, 1988; 
Amended Eff. May 1. 1990; August 1, 1988; 
Temporan,' Amendment Eff. October 28. 1997. 

SUBCHAPTER 41F - LICENSING OF FAMILY 
FOSTER HOMES 

SECTION .0700 - STANDARDS FOR LICENSING 

.0707 CRIMINAL HISTORIES 

An applicant shall not be eligible for licensure if the 
applican t applicant, or any member of the applicant's 
household 18 years of a^ or older, refuses to consent to any 
criminal history check required by G.S. 131D, Art. lA or if 
the Division of Social Services determines that the a pp licant 
applicant, or any member of the applicant's household 18 
years of age or older is unfit, based on the criminal history, 
to have responsibility for the safety and well-being of 
children. 

History Note: Authority G.S. 13 ID- 10. 5; MSB- 153; 1 SW- 
IG. 3; 

Temporary Adoption Eff. January 1, 1996; 
Amended Eff. April 1. 1997; 
Temporary Amendment Eff. October 28. 1997. 

SECTION .0800 - LICENSING 
REGULATIONS AND PROCEDURES 

.0813 CRIMINAL HISTORY CHECKS 

The supervising agency shall carry out the following for all 
foster parents applying for relicensure of a family foster hom e 
and- home, new foster parent a pp licants : applicants and any 
member of the foster parents' or prospective foster parents' 
household 18 years of age or older: 

(1) furnish the written notice as required by G.S. 
131D-10.3A(e); 

(2) obtain a signed consent form for a criminal history 
check and submit the signed consent form to the 
Division of Social Services; 

(3) obtain two sets of fingerprints on SBI identification 
cards and forward both sets of fingerprints to the 
Division of Social Services. Once an individual's 
fingerprints have been submitted to the Division of 
Social Services, additional fingerprints shall not be 
required; and, 

(4) conduct a local criminal history check through 
accessing the Administrative Office of the Couns 
and the Department of Corrections 

Inmaic/P r obation Inqui r y Systems Offender 

Population Unified System and submit the results 
of the criminal history checks to the Division of 
Social Services on the application form. 



History Note: 
10.3; 



Authority G.S. 131D-10.5; 143B-153; 13 ID- 



Temporary Adoption Eff. January 1, 1996; 

Amended Eff. April 1. 1997; 

Temporar\- Amendment Eff. October 28. 1997. 

******************** 

Rule-making Agency: Social Serxices Commission 

Rule Citation: 10 NCAC 47A .0502: 478 .0102. .0303 - 
.0305. .0403 

Effective Date: October 28, 1997 

Findings Reviewed by Beecher R. Gray: Approved 

Authority for the rule-making: G.S. 108A-41(b) 

Reason for Proposed Action: With the passage of S.L. 
1997-210, an individual must be a NC resident for at least 90 
days immediately prior to receipt of Special Assistance, or 
meet one of rwo exceptions allowed. Prior to this change, an 
individual need only be a NC resident, with no time 
restrictions, in order to meet the residency requirement for 
receipt of Special Assistance. These Rules are being 
proposed for temporary amendment so as to comply with the 
new law. 

Comment Procedures: Anyone wishing to comment should 
contact Sharnese Ransome. APA Coordinator, Social Services 
Commission, NC Division of Social Serxices, 325 N. 
Salisbiir\' St., Raleigh, NC 27603, phone (919) 733-3055. 

CHAPTER 47 STATE/COUNTY SPECIAL 
ASSISTANCE 

SUBCHAPTER 47A - GENERAL PROGRAM 
ADMINISTRATION 

SECTION .0500 - PAYMENT PROCEDURES 

.0502 PAYMENT AUTHORIZATION 

(a) Special assistance shall not be authorized prior to the 
month of application. 

(b) If SSI approval is not pending, and the worker disposes 
of an application after the month of application, special 
assistance may be authorized as much as two months prior to 
the month of disposition. 

(c) If SSI approval has been pending, special assistance 
may be authorized retroactive to the month SSI was approved, 
if the applicant was in domiciliary care and had applied for 
special assistance that month. 

(d) If an applicant enters domiciliary care care, or meets 
the North Carolina residency requirement for Special 
Assistance, after the first day of the month, he shall be 
eligible only for a partial payment for that month from the 
date of e nt r y entry, or the date he meets the residency 
requirement, to the end of the month. The payment shall be 



12:11 



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939 



TEMPOKARY RULES 



computed without considering income, disregard, deductions 
or exemption. 

(e) If a recipient's level of care is determined to no longer 
be domicilian,- and a bed is not readih' available under the 
Medicaid Program, special assistance shall continue until a 
bed at the appropriate le\el of care is located. 

Hision Noie: Aiahonn G.S. 108A-41(b): 143B-153: 

Eff. January 1. 1983: 

Amended Eff. M\ 1. 1988: 

Temporan- Amendment Eff. October 28. 1997. 

SUBCHAPTER 47B - ELIGIBILITY 
DETERMINATION 

SECTION .0100 - APPLICATION PROCESS 

.0102 INITIAL INTERVIEW 

The applicant shall be allowed to have an\' person(s) of his 
choice participate in the inter\iew. The eligibility specialist 
shall explain the eligibility requirements in easily 
understandable terms. The applicant shall be informed of the 
following: 

(1) He must pro\ide the name of collaterals, such as 
landlords, employers, and others with knowledge 
of his situation. 

(2) It is the county's responsibility to use collateral 
sources to substantiate or verif\- information 
necessary to establish e ligibility, eligibility, except 
that, for an applicant mo\ing to Nonh Carolina to 
join a close relative (parent, grandparent, brother, 
sister, spouse, or child), the close relative must 
provide verificaiion of his or her state residenc\- to 
the count\- depanment of social services. Collateral 
sources of information include knowledgeable 
individuals, business organizations, public records, 
and documentary evidence. If the applicant does 
not wish necessary collateral contacts to be made, 
he can withdraw the application. If he denies 
permission to contact necessary collaterals, the 
application shall be rejected due to failure to 
cooperate in establishing eligibilit\'. 

(3j A worker will visit his home or the domiciliary 
care facility. The purpose of the visit is to verify- 
eligibility requirements. 

(4) The applicant has the right to: 



(a) 
(b) 



(c) 



(d) 



Receive assistance if found eligible; 

Be protected against discrimination on the 

ground of race, creed, or national origin by 

Title VI of the Civil Rights Act of 1964; He 

ma\- appeal such discrimination: 

Spend his assistance payment as he wishes, 

but it must be in his best interest and that of 

his family; A substitute payee may be 

appointed for those individuals who cannot 

manage the payment; 

Receive his monthlv check in advance until 



the payment is terminated by appropriate 
action; 

(e) Have any information gi\en to the agency . 
kept in confidence; I 

(f) Appeal, if his assistance will be denied, 
changed or terminated; his payment is 
incorrect based on the county's interpretation 
of state regulations; or his request for a 
change in the amount of assistance was 
delated beyond 30 days or rejected; 

(g) Reapply at any time, if found ineligible; 

(h) Withdraw from the assistance program at any 
time. 
(5) The applicant's responsibilities. He must: 

(a) Provide the county depanment. state and 
federal officials the necessary sources from 
which the county depanment can locate and 
obtain information needed to determine 
eligibility. 

(b) Repon to the county depanment of social 
services an\' change in situation that may 
affect eligibility for a check within five days 
after it happens. The meaning of fraud shall 
be explained. The applicant shall be 
informed that he may be suspected of fraud if 
he fails to repon a change in situation and 
that in such situations, he ma\' have to repa\' 
assistance received in error and that he may 
also be tried by the couns for fraud. 

(c) Inform the county depanment of social 
serN'ices of an>- person or organization 
against whom he has a right to recover)'. 
When he accepts medical assistance (included 
with all SA except CD), the applicant assigns 
his rights to third pany insurance benefits to 
the state. He shall be informed that it is a 
misdemeanor to fail to disclose the identity 
of any person or organization against whom 
he has a right to recovery. 

(d) Immediately repon to the county depanment 
the receipt of a check which he knows to be 
erroneous, such as two checks for the same 
month, or a check in the wrong amount. If 
he does not repon such payments, he may be 
required to repay any overpa\'ment. 

History Note: Aiuhonr\- G.S. 108A-41(b): 143B-153; 

Eff. Januar\- 1. 1983: 

Temporary Amendment Eff. October 28. 1997. 

SECTION .0300 - COVERAGE 

.0303 AA-SA: GROLT II 

AA-SA Group II co\'erage shall be provided only for 
persons who are: i 

(1) aged 65 or older; ^ 

(2) residing in domiciliar.' care facilities; 



( 



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TEMPORARY RULES 



1 



# 



(3) 
(4) 
(5) 
(6) 
(7) 



(8) 



receiving SSI or financially ineligible for SSI; 

in need; 

not inmates of public institutions; 

not patients in institutions for mental disease; 

residing in North Carolina voluntarily with the 

intent to remain; and remain and meet the North 

Carolina residency requirement for Special 

Assistance: and 

U.S. citizens or aliens lawfully admitted for 

permanent residence. 



# 



History Note: Authority G.S. I08A-41(b); 143B-153; 

Eff. January 1. 1983: 

Temporary- Amendment Eff. October 28. 1997. 

.0304 AD-SA: GROUP II 

AD-SA Group II coverage shall be provided only for 
persons who are: 

(1) aged 18 or older but under 65; 

residing in domiciliary care facilities; 

receiving SSI or financially ineligible for SSI; 

in need; 

disabled under social security standards; 

not inmates of public institutions; 

not patients in institutions for mental disease; 

residing in North Carolina voluntarily with the 

intent to remain; and remain and meet the North 

Carolina residency requirement for Special 

Assistance: and 

U.S. citizens or aliens lawfully admitted for 

permanent residence. 



(2) 
(3) 
(4) 
(5) 
(6) 
(7) 
(8) 



(9) 



Histor\' Note: Authority G.S. 108A-41(b): 143B-153; 

Eff. January 1. 1983: 

Temporary Amendment Eff. October 28. 1997. 

.0305 CD-SA: CERTAIN DISABLED 

CD-SA coverage shall be provided only for persons who 
are: 

(1) Ineligible ineligible for SSI and are not receiving 
SSI; 

(2) fe in need; 

(3) Not not inmates of correctional facilities; 

(4) Ntrt not patients in institutions for mental disease; 

(5) Residing residing in North Carolina voluntarily 
with the intent to r emain; remain and meet the 
North Carolina residency requirement for Special 
Assistance: and 

(6) U.S. citizens or aliens lawfully admitted for 
permanent residence; and 

(7) Not not receiving Medicaid for the same month. 



# 



History Note: Authority G.S. 108A-25: 108A-41(b): 

143B-153: 

Eff. January 1, 1983: 

Amended Eff. November 2. 1992: February 1, 1986: 

Temporary Amendment Eff. October 28. 1997. 



SECTION .0400 - ELIGIBILITY FACTORS 



.0403 RESIDENCE 

(a) State Residence Eligibility Requirement. 



An a p plicant 



or re ci p i e nt must be making his home in No r th Carolina 
volunta r ily with the intent to r emain. — This includes anyone 
who enters Nonh Carolina because of a job commitment or 
seeking wo r k but is not re c e iving assistance from anoth e r 
state, individual must be a resident of North Carolina for at 
least 90 days immediately prior to receiving Special 
Assistance, except for Subparagraphs (1) and (2) of this 
Paragraph. 

(1) A person coming to North Carolina to join a close 
relative (parent, grandparent, brother, sister, 
spouse, or child) who has resided in North Carolina 
for at least 180 consecutive days immediately prior 
to the person's application is exempt from the 90- 
day residency requirement. 

(2) A person discharged from a State facility, as listed 
under G.S. 122C-181. who was a patient in the 
facility as a result of an interstate mental health 
compact is exempt from the 90-day residency 
requirement. 

(b) Moving Into, Visiting In , or Moving Out of North 
Carolina. 

(1) Moving into or visiting in North Carolina from 
other states. 

(A) An individual who moves to or visits in 
North Carolina caimot be Group I regardless 
of his status in the previous state. 

(B) If an individual moves to North Carolina 
voluntarily and states his intent to remain, he 
is a resident of North Carolina. This 
includes anyone who enters North Carolina 
because of a job commitment or seeking 
work but is not receiving assistance from 
another state. He must apply at the county 
department of social services in the county in 
which he resides. 

(C) An individual visiting in the state without a 
stated intent to remain is ineligible for St^ 
Special Assistance. 

(2) An individual who moves to another state and 
intends to remain there is not eligible for Special 
Assistance. 

(c) County Residence Eligibility Requirement. 

(1) An individual ordinarily has residence in the county 
in which he resides. However, if he is in a 
hospital, mental institution, intermediate care 
facility, skilled nursing home, boarding home, 
confinement center or similar facility, the county in 
which the facility is located may not be his legal 
residence. Except for (2) and (3) of this Paragraph, 
the county of legal residence would be the county 
in which the individual lived in private living 
arrangements prior to entering a facility. 



L 



12:11 



NORTH CAROLINA REGISTER 



December 1, 1997 



941 



TEMPOHXRY RULES 



(2) A woman in domicilian' care has the county- 
residence of her husband. 

(3) If a disabled adult child (DAC) has remained in a 
facility' (Example: domiciliary care), he remains a 
resident of the county and state in which his 
parent(s) had residence immediately prior to his 
reaching age 18. If he as an adult is entering 
domiciliary care and it is not possible to trace his 
county of residence as a minor, he may establish 
residence based on his intent to remain regardless 
of his parent's current legal residence. 

(d) Temporary Absence. 

(1) A domiciliary care applicant or recipient shall not 
receive Special Assistance for days he is not living 
in the rest home unless he is expected to return 
within one month. 30 days. 

(2) Temporary absence from the state or county of 
residence with subsequent return or intent to return 
does not make a €B Certain Disabled recipient in a 
private living arrangement ineligible. 

(e) Verification. The worker shall accept the applicant's 
or recipient's statement unless there is some reason to doubt 
it. If there is doubt, documentary evidence shall be required. 
If a 6© Certain Disabled recipient's \isit to another county 
within the state or to another state e.xceeds three months, the 
eligibility specialist in the responsible county shall verify the 
following: 

(1) the recipient's intent to return; 

(2) reason for the continuing absence: and 

(3) the continuing maintenance of a home in the first 
county. 

History Note: Authoht} C.S. 108A-41: I08A-41(bJ: 143B- 

153; 

Eff. January 1. 1983: 

Amended Eff. June 1. 1990: 

Temporary Amendment Eff. October 28, 1997. 



TITLE 11 - DEPARTMENT OF INSURANCE 

Rule-making Agency: Department of Insurance 

Rule Citation: 11 MC.AC 12 .1801 - .1804 

Effective Date: January 1, 1998 

Findings Reviewed and Approved by: Beecher R. Gray 

Authority for the rule-maiiing: G.S. 58-2-40: 58-50-56 

Reason for Proposed Action: Senate Bill 932. Session Law 
1997-519, requires adoption of preferred provider rules to 
become effective January 1. 1998. 

Comment Procedures: Written comments should be 
addressed to Barbara Morales-Burke, NC Department of 



Insurance. Managed Care Division, 111 Seaboard Avenue, 
Raleigh. NC 27604: or by directing calls to (919) 715-0526. 

CHAPTER 12 - LIFE AND HEALTH 
DIVISION 

SECTION .1800 - PPO BENEnT PLAN 
PRODUCT LIMITATIONS 

.1801 APPLICABILITY 

This Section applies to any insurer or service corporation 
that, under G.S. 58-50-56, offers a preferred provider benefit 
plan. 

Histon.- Note: Authority G.S. 58-2-40: 58-50-56: 
Tempo rar\- .Adoption Eff. January 1^ 1998. 



( 



.1802 

The 



DEFINITIONS 

definitions contained in G.S. 



58-50-56(3) are 



incorporated into this Section by reference: and as used in 
this Section, the following terms have the meanings ascribed 
to them: 

( 1) "Coinsurance" means the percentage of an allowed 
charge or expense, or usual and customary charge 
for a co\ered health care ser\ice that an enrollee 
must paw 

(2) "Copayment" means a fixed dollar amount that an 
enrollee must pay each time a covered health care 
service is pro\ ided. 

(3) "Deductible" means a specified amount of covered 
health care sen,-ices, expressed in dollars, that must 
be incurred by an enrollee before the insurer will 
assume any financial liability for all or pan of 
covered health care services. 

(4) "Emergency health care ser\'ices" means those 
ser\'ices as detmed and delivered in accordance 
with G.S. 58-3-190. 

(5) "Enrollee" means an individual who is covered by a 
PPO benefit plan. 

(6) "In-network covered services" means covered 
health care ser\'ices that are received according to 
the rules of the health benefit plan from providers 
employed by, under contract with, or approved in 
advance by the insurer: and means emergency 
health care ser\ices regardless of the status or 
affiliation of the provider of such services. 

(7) "Out-of-network covered services" means non- 
emergency, medically necessary covered health care 
services that are not recei\ed according to ilie rules 
of the health benefit plan, including services from 
affiliated providers that are received without the 
approval of the insurer. 

(8) "Out-of-pocket expense" means a specified dollar 
amount of coinsurance incurred and payable by an 
enrollee for covered health care ser\'ices in a 
specified period. Out-of-pocket expense may or 
may not include deductible amounts, copayment 



( 



942 



NORTH CAROLINA REGISTER 



December 1, 1997 



12:11 



TEMPORARY RULES 



19} 



amounts, charges in excess of the amount allowed 
by the insurer, amounts exceedmg the maximum 
benefits, or any other disallowed or noncovered 
expenses under the rules of the health benefit plan. 
"PPO benefit plan" has the same meaning as 
"preferred provider benefit plan" in G.S. 58-50- 
56(aH3). 



History Note: Authorin G.S. 58-2-40; 58-50-56: 
Temporan Adoption Eff. January 1. 1998. 

.1803 GENERAL REQUIREMENTS 

No insurer shall provide any PPO benefit plan unless it 
complies with the following: 

£JJ Where the covered benefits of a PPO benefit plan 
include coinsurance, the difference in coinsurance 
rates between in-network covered services and out- 
of-network covered services shall not exceed 30 
percentage points. 

£2} If the schedule of benefits for a PPO benefit plan 
imposes a deductible for in-network covered 
services, the amount of any separate annual 
deductible per enrollee or per family for out-of- 
network covered services may not exceed two times 
the amount of the annual per enrollee or per family 
deductible applied to in-network covered services^ 

(3) If the schedule of benefits for a PPO benefit plan 
does not include an annual deductible for in- 
network covered services, the annual deductibles 
for out-of-network covered services shall not 
exceed two hundred and fifty dollars ($250.00) per 
enrollee and the family deductible may not exceed 
seven hundred and fifty dollars (S75Q.00). 

(4) The ponion of any charge for out-of-network 
covered services to be applied to an annual 
deductible may be based on actual charges or the 
insurer's usual and customary' charges. 

£5} If there are benefit maximums for in-network 
covered services, the amount of any annual and 
lifetime maximum limits for out-of-network 
covered services shall not be less than one-half of 
the amount of any annual and lifetime maximum 
limits for in-network covered services. 

(6) If a PPO benefit plan includes copayments for both 
in-network covered services and out-of-network 
covered services, the amount of the copayment for 
an out-of-network covered service shall not exceed 
the copayment for an in-network covered service by 
more than twentv dollars ($20.00) or 100%. 
whichever is less. 

(7) If the schedule of benefits for a PPO benefit plan 
limits the annual out-of-pocket expenses of 
enrollees to a maximum amount for in-network 
covered services, the amount of any separate annual 
out-of-pocket maximum for out-of-network covered 
services may not exceed two times the maximum 
amount for in-network covered services. 



# 



(8) If the schedule of benefits for a PPO benefit plan 
does not include an annual maximum limit on out- 
of-pocket expenses for in-network covered services. 
the maximum limit on out-of-pocket expenses for 
out-of-network covered services shall not exceed 
one thousand two hundred and fifty dollars 
($1.250) per enrollee or three thousand seven 
hundred and fifty dollars ($3.750) per family. 

(9) An insurer offering a PPO benefit plan may limit 
coverage for annual physicals and health screenings 
performed for preventative purposes to those 
services provided on an in-network basis, except 
that services provided in connection with mandated 
benefits must be available on both an in-network 
and out-of-network basis. An insurer shall provide 
coverage on both an in-network and out-of-network 
basis for all other covered services. 
Covered services not reasonably available through 
providers affiliated or contracted with the insurer 
shall be covered on an in-network basis, as 
provided in G.S. 58-3-200(d). 

(11) PPO benefit plans shall give enrollees the option to 
choose in-network covered services or out-of- 
network covered services each time those covered 
services are authorized, obtained, or rendered: and 
shall not require enrollees to obtain insurer 
approval to exercise that option. 

(12) An insurer offering a PPO benefit plan shall not 
impose different medical management 
requirements, including utilization review criteria 
01 prior approval requirements, for out-of-network 
covered services than are imposed on in-network 
covered services. Those medical management 
requirements shall not restrict enrollees' abilities to 
seek covered services on out-of-network bases. 

History Note: Authority G.S. 58-2-40; 58-50-56; 
Temporary Adoption Eff. January ]. 1998. 

.1804 DISCLOSURE REQUIREMENTS 

(a) Everv explanation of benefits shall contain arj 
explanation of coverage for out-of-network covered services 
that allows each enrollee to determine his or her obligations 
with respect to those services. 

(b) Marketing materials, evidences of coverage, enrollee 
handbooks, and other materials given to enrollees by an 
insurer that offers a PPO benefit plan shall contain a clear and 
comprehensive explanation of the PPO benefit plan. The 
explanation shall include the following information: 

( 1) the method of reimbursement, including whether 
actual charges or usual and customary charges are 
used in making all benefit calculations: 

(2) applicable coinsurance, copayment. and deductible 
amounts: 

(3) any other uncovered costs or charges: 

(4) the covered health care services that an enrollee 
may receive on an out-of-network basis, including 



12:11 



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December 1, 1997 



943 



TEMPORARY RULES 



15} 



whether or not annual physicals and health 
screenings are available out-of-network; and 
instructions for submittal of claims for out-of- 
network covered services. 



History Note: Authority G.S. 58-2-40; 58-3-191 (b): 58-50- 

56; 

Temporary Adoption Eff. January L. 1998. 



TITLE 21 - OCCUPATIONAL LICENSING 
BOARDS 

CHAPTER 68 - CERTIHCATION BOARD FOR 
SUBSTANCE ABUSE PROFESSIONALS 



Rule-making Agency: 

Certification Board 



NC Substance Abuse Professional 



Rule Citation: 21 NCAC 68 .0101. .0301 - .0307 

Effective Date: November 15. 1997 --'- ------ •--=- 

Findings Reviewed and Approved by: Beecher R. Gray 

Autliority for the rule-making: G.S. 90. Article 5C 

Reason for Proposed Action: To establish the certification 
process for clinical addictions specialists are mandated by the 
passage of Senate Bill 712. The Board also intends to adopt 
permanent rules addressing issues of ethics, selection of 
members to the Board, certification, education, grounds for 
discipline and disciplinary, procedures and appeals process to 
refine existing rules and clarify agency policy.- 

Comment Procedures: Written comments may be sent to 
Ann Christian, Rulemaking Coordinator, PO Box 2455, 
Raleigh, NC 27602. A Public Hearing will be conducted at 
10:00 a.m. on March 6, 1998 at Nick's Cuisine, 2699 
Ramada Rd., Burlington, NC27216. (See Maitre d' for room 
designation). ' ■,.. l.. 






£21 



tli— ' 
Boa r d. 
18] 

mm 



10} 



P r of e ssionals Professional Cenification Board. 
"Complainant" means a person who has filed a 
complaint pursuant to these Rules. 
"Consultation" means a meeting for discussion, 
decision-making and planning with other service 
providers for the purpose of providing substance 
abuse services. 

"Crisis" means a decisive, crucial event in the 
course of treatment that th r eatens to, threatens. 
either directly or indirectly related to alcohol or 
drug use, to compromise or destroy the 
rehabilitation effort. 

"Deemed Status Group" means those persons who 
are credentialed as a clinical addictions specialist 
because of their membership in a deemed status 
discipline. 
Torm" means an w r itt e n inst r ument a pp roved by the 



(12) 

Willi 



(1)041 



"Full Time" means 2.000 hours per year. 

"Hearing Committee" means a committee 

comprised of three members of the Board appointed 

by the President to hear an appeal from the Ethics 

Committee. 

"Letter of Reference" means a letter that 

recommends a person for certification. 

"Membership In Good Standing" means a 

member's certification is not in a state of 

revocation, lapse, or suspensioii. However, an 

individual whose certification is suspended and the 

suspension is stayed is a member in good standing 

during the period of the stay. 

"Passing Score" means the score set by the entity 

administering the exam. 

"President" means the President of the North 



Substance 



Abuse Professionals 



i^^'Mi 



; SECTION .0100 - GENERAL 



.0101 DEHNITIONS 

As used in the General Statutes or this Chapter, the 
following terms have the following meaning: 
to(l) "Approved Supervisor" means a person who fulfills 
or is in the process of fulfilling the requirements 
Jot this Board designation pursuant to Rule .0211 
y_r, of this Chapter by completing its academic, didactic 
and experiential requirements. 
fb)£2] "Assessment" means identifying and evaluating an 
individual's strengths, weaknesses, problems and 
needs for the development ofa treatment plan for 
;^alcohol and drug abuse. L i'i:-=A --li"-'^.;!! 
fc^ISlr.; "Board" means the North Carolina Substance Abuse 



..musi 

tnf>(17) 



trttliSl 



ftr)a91 



' Carolina 
C er tification Board. 

"Referral" means identifying the needs of an 
individual that cannot be met by the cbunselor or 

• agency ind assisting the individual to utilize the 
support systems and community resources 
available^ -. ' ■— — ; -- ^"^'' -~~' '■;" '^y'~, 
"Reprimand" means a formal written warning from 
the Board to a person certified by the Board. 
"Respondent" means a person who is certified by 
the Board against whom a complaint has been filed. 
"Substance Abuse Counseling Experience" means 
approved supervised experience that may be fttfr 
= time Ml time or part-time, paid or voluntary, and 

;i-Tnust include all of the 12 core functions (Rule 
■ 0205 of tliis Chapter) as documented" By 4 job 

' description and supervisor's evaluation. 
"Supervised Practical Training" means supervision 
to teach the knowledge and skills "related to 

^substance abuse professionals at a ratio of bne hour 

'■fiof supervision to every 10 hours of practice for 300 
practice hours. -' '•'-" "- "• - - - -'-- -^ -- 
"Suspension" mealte a time-Timited " "^oss of 



( 



( 



944 



NORTH CAROLINA REGISTER 



December 1, 1997 



12:11 



TEMPORARY RULES 



certification or the privilege of making application 
for ce r tifica t ion fo r u p t o two years, certification. 

History Note: Authority G.S. 90-113.30; 90-113.33; 90- 

113.40; 90-113.41; 90-114.41A; 

Eff. August 1. 1996; 

Temporan,' Amendment Eff. November 15. 1997. 

SECTION .0300 - CLINICAL ADDICTIONS 
SPECIALIST 

.0301 SCOPE 

These Rules apply to a person seeking certification as a 
clinical addictions specialist and a professional discipline 
seekin g deemed status. 

History Note: Authority G.S. 113.30; 90-113.40; 90- 

113.41A; 

Temporary Adoption Eff. November 15. 1997. 



.0302 DEnNITIONS 

In addition to the definitions 



in G.S. 90, Article 5C and 



Rule .0101 of this Chapter, the following definitions apply: 
LU "Section 17" means S.L. 1997. c. 492. s. 17. 
(21 "Section 18" means S.L. 1997. c. 492. s. 18. 

History Note; Authority S.L. 1997. c. 492; 
Temporary Adoption Eff. November 15. 1997. 



.0303 APPLICATION FOR DEEMED STATUS BY 
PROFESSIONAL DISCIPLINE 

(a) Any professional discipline seeking deemed status shall 
forward a letter of intent with a request for an application to 
become a deemed status organization to the Board. 

lb} As directed by the Board, the discipline shall provide 
the following: 

£JQ Documentation that U meets the requirements of 

G.S. 90-113.41A: 
£2} A copy of the ethical code and statement, if any, it 
requires its members to sign indicating that the 
member will comply with the discipline's code of 
ethics: 

(3) Statistics reflecting the disciplinary actions taken by 
the organization requesting deemed status for the 
previous two years with those statistics to include 
any revocations, suspensions, and denials of its 
credential: and 

(4) Documentation describing the exam process each 
applicant must pass in order to be awarded the 
professional group's substance abuse specialty 
credential. 

(c) A discipline granted deemed status shall provide the 
name of any member: 

(1) Against whom a complaint is made within 60 days 
from the date the complaint is received: and 

(2) Whose credential with the professional discipline is 
revoked, suspended or denied within 60 days from 



the date of the action, 
(d) The professional discipline shall provide any 
information requested by the Board that has been submitted 
to the professional discipline regarding the complaint 
against its member. 

History Note: Authority G.S. 90-113.32; 90-113.33; 90- 

11 3. 41 A; 90-113.43; 

Temporan,' Adoption Eff. November 15. 1997. 

.0304 THREE-YEAR STANDARDS REVIEW OF 
DEEMED STATUS STANDING 

(a) The Standards and Credentialing Committee of the 
Board shall review the standards of each professional 
discipline every third year as required in G.S. 90-1 13.41A. 

£bj The Board shall send notice to the discipline 90 days in 
advance of tjie end of tfie three-year period following the date 
deemed status was granted or renewed. 

(c) The discipline shall report current standards, including 
an update of ali information originally required. 

(d) The Board may require further substantiation and 
explanation of this data. 

History Note: Authority G.S. 90-113.32; 90-113.33; 90- 

113.41A; 90-113.43; 

Temporary Adoption Eff. November 15. 1997. 

.0305 CERTinCATION REQUIREMENTS 
FOR INDIVIDUAL APPLICANT 

In addition to meeting the requirements of G.S. 90-1 13.40. 
an applicant seeking certification as a clinical addictions 
specialist shall submit the following, if applicable: 

(1) Documentation evidencing membership in good 
standing in t]ie professional discipline if seeking 
certification pursuant to Sections 17 or 18; 

(2) Documentation evidencing that 12 hours of 
HIV/AIDS training and education and six hours of 
professional ethics training were included in the 
180 hours completed for certification in the core 
competencies by the applicant not in tlie deemed 
status group: 

(3) Copy of a substance abuse specialty certificate or 
its equivalent: 

(41 Copv of his or her masters' or doctorate degree 
diploma: 

(5) Completed registration form: 

(6) Statement that the applicant is a North Carolina 
resident with the address set forth: and 

(7) Payment of the following fees: 

(a) All applicants who are in tlie deemed status 
group shall make payment of a non- 
refundable application fee of ten dollars 
($10.00) and pavment of a non-refundable 
certification fee of forty dollars ($40.00). 

(b) All other applicants shall make payment of a 
non-refundable application fee of twenty-five 
dollars ($25.00) and payment of a non- 



12:11 



NORTH CAROLINA REGISTER 



December 1, 1997 



945 



TEMPORARY RULES 



refundable certification fee of one hundred 
dollars ($100.00). 

(c) All applicants seeking certification pursuant 
to Criteria A of G^ 90-1 13.40(c) shall 
make payment of a non-refundable written 
examination fee of one hundred dollars 
($100.00) and payment of a non-refundable 
oral examination fee of one hundred dollars 
($100.00). 

(d) All applicants seeking certification pursuant 
to Criteria B of G^ 90-1 13.40(c) shall 
make payment of a non-refundable written 
examination fee of one hundred dollars 
($100.00). 

(e) All applicants seeking certification pursuant 
to Criteria C of G^ 90-113.40(0 shall 
make payment of a non-refundable oral 
examination fee of one hundred dollars 
($100.00). 



(4) No more than 25 percent or 10 hours of 
Alcohol/Drug Education Traffic School (ADETS) 
and Drug Education School (PES) events. 

(5) All applicants shall include six hours of HIV/AIDS 
training and education and three hours of 
professional ethics training and education for each 
certification. 

(d) An applicant who is in the deemed status group shall 
submit the following: 

(1) A completed application form and copy of current 
substance abuse certification from the applicant's 
deemed status professional discipline: and 

(2) A non-refundable recertification fee of thirty-five 
dollars ($35.00). 

(e) All other applicants shall submit the following: 

(1) A completed application form with continuing 
education documented: and 

(2) A non-refundable one hundred dollar ($100.00) 
recertification fee. 



History Note: Aulhority G.S. 90-113.30: 90-113.33: 90- 
113.38: 90-113.40: 90-113.41: 90-113.43: 
Temporary Adoption Eff. November 15. 1997. 



History Note: Authority G.S. 90-113.30; 90-113.33; 90- 

113.38; 90-1 13. 41 A: 90-113.43; 

Temporary Adoption Eff. November 15. 1997. 



.0306 RENEWAL OF INDIVIDUAL 

CERTinCATION AS CLINICAL 
ADDICTIONS SPECIALIST 

(a) The individual applicant shall renew certification as 
classified by the criteria for their original certification every 
two years. 

(b) Each certified clinical addictions specialist shall 
document completing 40 hours of education approved by the 
Board pursuant to Section .0400 of tius Chapter, during the 
current certification period. A minimum of 30 hours shall be 
substance abuse specific. This education may include a 
combination of hours including attending workshops, 
receiving clinical supervision and providing workshops. 

(c) Recertification educational guidelines as a substance 
abuse professional require: 

(1) No more than 25 percent or iO hours may be 
inservice education, received within the applicant's 
organization by staff of the same emplovment. 

(2) No more than 25 percent or K) hours receiving 
supervision with two hours of supervision 
translating to one hour of education. 

(3) No more than 25 percent or iO hours of workshop 
presentation with two hours of presentation 
translating to one hour of education. Workshop 
presentation shall be a part of an event pre- 
approved by the Board pursuant to Rule .0213 of 
this Chapter. 



.0307 REVOCATION OF CREDENTIAL 
WHEN CHANGE IN STATUS 

(a) Any clinical addictions specialist credentialed pursuant 
to deemed status who is no longer a member in good standing 
of his or her professional discipline may be subject to 
revocation of the credential. 

(b) Any clinical addictions specialist who is credentialed 
pursuant to the deemed status criteria may lose this credential 
if the professional discipline loses its deemed status standing. 

(c) Any clinical addictions specialist whose certification is 
obtained pursuant to the deemed status criteria and whose 
certification may be revoked or is revoked as a result of loss 
of membership in good standing with the professional 
discipline or loss by the professional discipline of its deemed 
status standing, may apply for certification pursuant to G.S. 
90-113.40(0(1). llL or £3] or SJ^ 1997. c. 492, s, il or 
18. This individual shall submit a completed application for 
certification within 60 days from the date notice of loss of the 
individual's membership or notice of the loss of deemed 
status by the professional group is received by the member of 
the professional discipline. 

History Note: Authority G.S. 90-113.30; 90-113.40; 90- 
113.41; 90-1 13. 41 A; S.L. 1997. c. 492, s.l7; S.L. 1997, c. 
492. S.18; 
Temporary Adoption Eff. November 15. 1997. 



( 



( 



946 



NORTH CAROLINA REGISTER 



December 1, 1997 



12:11 



APPROVED RULES 



# 



Tins Section includes the Register Notice citation to Rules approved by the Rules Review Commission (RRC) at its meeting 
of October 16. 1997 pursuant to G.S. 150B-21. 17(a)(1) and reported to the Joint Legislative Administrative Procedure 
Oversight Committee pursuant to G.S. 150B-21 .16. The full te.\t of rules are published below when the rules have been 
approved b\ RRC in a form different from that originally noticed in the Register or when no notice was required to be 
published in the Register. The rules published in full text are identified by an * in the listing of approved rules. Statutory 
Reference: G.S. 150B-21.17. 

These rules unless otherwise noted, will become effective on the 31st legislative day of the 1998 Short Session of the 
General .Assembly or a later date if specified by the agency unless a bill is introduced before the 31st legislative day that 
specifically disapproves the rule. If a bill to disapprove a mle is not ratified, the rule will become effective either on the 
da\ the bill receives an unfavorable final action or the day the General Assembly adjourns. Statutory reference: G.S. 
150B-21.3. 



APPROVED RULE CITATION 



REGISTER CITATION TO THE 
NOTICE OF TEXT 



# 



10 


NCAC 


03 B 


.1001 - 


1002* 


11 


29 NCR 2188 


10 


NCAC 


03C 


.3707 




11 


29 NCR 2188 


10 


NCAC 


03D 


.2103- 


.2104* 


11 


29 NCR 2198 


10 


NCAC 


03 D 


.2202 - 


.2203 


11 


29 NCR 2204 


10 


NCAC 


03 D 


.2301 - 


.2302 


11 


29 NCR 2204 


10 


NCAC 


03 D 


.2401* 




11 


29 NCR 2205 


10 ■ 


NCAC 


26B 


.0113*Amended Eff. 1-1-98 


10 


16A NCR 1721 


15A 


NCAC 


06E 


.0106- 


.0108*Amended Eff. 11-1-97 


not required, G.S. 


15A 


NCAC 


07H 


.0304* 




11:27 NCR 2069 


15A 


NCAC 


07H 


.0305 




11:27 NCR 2071 


15A 


NCAC 


lOF 


.0355 




12:01 NCR 18 


15A 


NCAC 


18A 


.1937* 




12:02 NCR 62 


15A 


NCAC 


18A 


.1961* 




12:02 NCR 67 


15A 


NCAC 


19A 


.0101 - 


.0102* 


12:02 NCR 69 


15A 


NCAC 


19A 


.0201* 




12:02 NCR 72 


15A 


NCAC 


19A 


.0203* 




12:02 NCR 72 


15A 


NCAC 


19A 


.0205* 




12:02 NCR 74 


15A 


NCAC 


24A 


.0202 




12:02 NCR 75 


16 


NCAC 


06D 


.0303 




12:01 NCR 19 


16 


NCAC 


06D 


.0305 - 


.0306 


12:01 NCR 19 


16 


NCAC 


06G 


.0304 




12:01 NCR 19 


16 


NCAC 


06G 


.0309* 




12:01 NCR 19 


16 


NCAC 


06G 


.0401 - 


.0404 


12:01 NCR 19 


19A 


NCAC 


028 


.0242 




12:03 NCR 207 


i9A 


NCAC 


028 


.0303 




12:03 NCR 207 


21 


NCAC 


161 


.0001* 




11:25 NCR 1915 


21 


NCAC 


16M 


.0003* 




11 


25 NCR 1916 



1508-21. 5 



# 



TITLE 10 
DEPARTMENT OF HUMAN RESOURCES 

CHAPTER 3 
FACILITY SERVICES 

SUBCHAPTER 3B - PROCEDURAL RULES 

SECTION .1000 - HEALTH CARE PERSONNEL 
REGISTRY 



.1001 DEFINITIONS 

The following definitions shall apply throughout this 
Subchapter: 

(1) "Abuse" is defined by 42 CFR Part 488 Subpart E 
which is incorporated by reference, including 
subsequent amendments. Copies of the Code of 
Federal Regulations may be purchased from the 
Superintendent of Documents, U.S. Government 
Printing Office, Washington D.C. 20402. 

(2) "Diversion of drugs" means the unauthorized 
taking or use of any drug. 



12:11 



NORTH CAROLINA REGISTER 



December 1, 1997 



947 



APPROVED RULES 



(3) "Drug" means any chemical compound that may be 
used on or administered to humans or animals as an 
aid in the diagnosis, treatment or prevention of 
disease or other condition or for the relief of pain 
or suffering or to control or improve any 
physiological pathologic condition. 

(4) "Finding" (when used in conjunction with the 
Health Care Personnel Registry) means a 
determination by the Department that an allegation 
of resident abuse or neglect, misappropriation of 
resident or health care facility property, diversion 
of drugs belonging to a resident or health care 
facility, and fraud against a resident or health care 
facility has been substantiated. 

(5) "Fraud" means an intentional deception or 
misrepresentation made by a person with the 
knowledge that the deception could result in some 
unauthorized benefit to himself or some other 
person. It includes any act that constitutes fraud 
under applicable Federal or State Law. 

(6) "Health Care Facility" means all the facilities and 
agencies as defined in G.S. 131E-256(b). 

(7) "Health Care Personnel" means all the persons as 
defined in G.S. 131E-256(c). 

(8) "Misappropriation of resident properly" is defined 
by 42 CFR Part 488 Subpart E which is 
incorporated by reference, including subsequent 
amendments. Copies of the Code of Federal 
Regulations may be purchased from the 
Superintendent of Documents, U.S. Government 
Printing Office, Washington D.C. 20402. 

(9) "Misappropriation of the property of a health care 
facility" means the deliberate misplacement, 
exploitation, or wrongful, temporary or permanent 
use of a health care facility's property without the 
facility's consent. 

(10) "Neglect" is defined by 42 CFR Pan 488 Subpart E 
which is incorporated by reference, including 
subsequent amendments. Copies of the Code of 
Federal Regulations may be purchased from the 
Superintendent of Documents, U.S. Government 
Printing Office, Washington D.C. 20402. 

(11) "Resident" means all the individuals residing in or 
being served by a health care facility as defined in 
G.S. 13IE-256(b). 

History Note: Authority G.S. 131E-256; 42 U.S.C. 1395; 

42 U.S.C. 1396: 

Temporary Adoption Eff. December 20, 1996; 

Eff. Aug ust 1. 1998. 

.1002 INVESTIGATING AND REPORTING 
HEALTH CARE PERSONNEL 

(a) The health care facility shall investigate and document 
all allegations of resident abuse or neglect, misappropriation 
of resident or facility property, diversion of drugs belonging 
to a resident or facility, and fraud against a resident or 



facility, within five working days of the date the facility 
becomes aware of the alleged incident. The facility shall take 
whatever steps are necessary to prevent further acts of abuse, 
neglect, misappropriation of property, drug diversion, or / 
fraud while the investigation is in progress. \ 

(b) Upon completion of the investigation, the health care 
facility shall ensure that all allegations which appear to a 
reasonable person to be related to any act of resident abuse or 
neglect, misappropriation of resident or facility property, 
diversion of drugs belonging to a resident or facility, and 
fraud against a resident or facility are reported iinmediately to 
the Division of Facility Services. The report shall be printed 
or typed and mailed or faxed to the Division. The report shall 
include all information relevant to the investigation. 

History Note: Authority G.S. 131E-256; 
Temporary Adoption Eff. December 20, 1996; 
Eff. August 1. 1998. 

SUBCHAPTER 3D - RULES AND REGULATIONS 

GOVERNING AMBULANCE 

SERVICE AND TRAUMA SYSTEMS 

SECTION .2100 - NOTICES: INSTRUCTIONS: 
REPORTS AND INSPECTIONS 

.2103 LEVEL III TRAUMA CENTER CRITERIA 

(a) To receive designation as a Level III Trauma Center, a 
hospital shall have the following: ^ 

(1) a trauma service which has been operational for at I 
least six months prior to application; 

(2) membership in and inclusion of all trauma patient 
records in the North Carolina Trauma Registry for 
at least six months prior to application; 

(3) a trauma medical director who is a board certified 
surgeon with demonstrated special competence in 
trauma care; 

(4) a designated trauma nurse coordinator (TNC) who 
is a registered nurse, licensed by the North 
Carolina Board of Nursing; 

(5) a trauma registrar (TR) who has a working 
knowledge of medical terminology, is able to 
operate a personal computer, and has demonstrated 
the ability to extract data from the medical record; 

(6) clinical services in General Surgery, Emergency 
Medicine, and Anesthesiology; 

(7) response of a trauma team to provide evaluation 
and treatment of a trauma patient 24-hours-per-day 
that includes: 

(A) a trauma attending who responds within 30 
minutes of notification and participates in 
therapeutic decisions and is present at all 
operative procedures; 

(B) an emergency physician who is present in the 
emergency department 24-hours-per-day who 
is either board certified or prepared in 
emergency medicine (by the American Board 



( 



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December 1, 1997 



12:11 



APPROVED RULES 



# 



» 



i 



of Emergency Medicine or the American 
Osteopathic Board of Emergency Medicine) 
or board certified or eligible by the 
American Board of Surgery, American Board 
of Family Practice, or American Board of 
Internal Medicine and practices emergency 
medicine as his primary specialty. This 
physician serves as a designated member of 
the trauma team until the arrival of the 
• trauma surgeon; 
(C) An anesthesiologist who is on-call and 
available within 20 minutes of notification or 
an in-house CRNA under physician 
supervision, practicing in accordance with 
G.S. 90-171. 20(7)e., pending the arrival of 
the anesthesiologist within 20 minutes of 
notification; 

(8) a written credentialing process established by the 
department of surgery to approve attending general 
surgeons covering the trauma service. These 
surgeons must have a minimum of board 
certification in general surgery within five years of 
completing residency; 

(9) two separate call schedules. One shall be for 
trauma, one for general surgery. In those instances 
where a physician may simultaneously be listed on 
both schedules, there must be a defined back-up 
surgeon listed on the trauma schedule. If a surgeon 
is simultaneously on call at more than one hospital, 
there must be a defined back-up listed on the 
trauma schedule; 

(10) standard written protocols relating to trauma care 
management must be formulated and routinely 
updated; 

(11) Criteria to ensure team activation within 20 minutes 
prior to patient arrival (in instances where the 
hospital has at least 20 minutes notification), 
trauma service admission, and evaluation of 
patients w/multiple system or major injury based 
upon the earliest recognition of the following 
physiologic criteria: 

(A) Shock; 

(B) Respiratory distress; 

(C) airway compromise; 

(D) spinal cord injury; 

(E) unresponsiveness (Glasgow Coma Scale < 
8) w/potential for multiple injuries; 

(F) revised trauma score less than or equal to 
eight (when in field); 

(12) prompt surgical consults that shall be initiated 
based upon the following criteria: 

(A) falls greater than 20 feet; 

(B) pedestrian struck by motor vehicle; 

(C) motor vehicle crash with: 

(i) ejection (includes motorcycle); 
(ii) rollover; 
(iii) speed greater than 40 miles per hour; 



or 

(iv) death at the scene; 

(D) proximal amputations; 

(E) bum plus trauma; 

(F) vascular compromise; 

(G) crush to chest or pelvis; 

(H) two or more proximal long bone fractures; 

and 
(I) gunshot wound to torso, neck, or proximal 
extremities; 

(13) internal medicine and subspecialties within 30 
minutes of notification; 

(14) an emergency department which has at a minimum; 

(A) a designated physician director who, if hired 
after January 1, 1992, is board certified or 
board prepared in emergency medicine (by 
the American Board of Emergency Medicine 
or the American Osteopathic Board of 
Emergency Medicine); 

(B) 24-hour-per-day staffing by physicians by 
physicians physically present in the 
Emergency Department who: 

(i) are either board certified or prepared 
in emergency medicine (by the 
American Board of Emergency 
Medicine or the American Osteopathic 
Board of Emergency Medicine) or 
board certified or eligible by the 
American Board of Surgery, American 
Board of Family Practice, or 
American Board of Internal Medicine; 

(ii) are designated members of the trauma 
team; and 

(iii) practice emergency medicine as their 
primary specialty; 

(C) nursing personnel with experience in trauma 
care who continually monitor the trauma 
patient from hospital arrival to disposition to 
an intensive care unit, operating room, or 
patient care unit; 

(D) resuscitation equipment for patients of all 
ages to include: 

(i) airway control and ventilation 
equipment (laryngoscopes, 

endotracheal tubes, bag-mask 
resuscitators, pocket masks, and 
oxygen); 

(ii) pulse oximetry; 

(iii) suction devices; 

(iv) electrocardiograph-oscilloscope- 
defibrillator; 

(v) apparatus to establish central venous 
pressure monitoring; 

(vi) intravenous fluids and administration 

devices to include large bore catheters; 

(vii) sterile surgical sets for airway 

control/cricothyrotomy, thoracotomy. 



12:11 



NORTH CAROLINA REGISTER 



December 1, 1997 



949 



APPROVED RULES 



(viii) 
(ix) 

(X) 



(xi) 



(xii) 



(xiii) 



vascular access, and chest 

decompression; 

apparatus for gastric decompression; 

24-hour-per-day X-ray capability; 

two-way communication equipment 

for communication with the 

emergency transpon system; 

skeletal traction devices, including 

capability for cervical traction: 

thermal control equipment for 

patients; and 

thermal control equipment for blood 

and fluids; 

(15) an operating suite which has at a minimum; 

(A) thermal control equipment for patients; 

(B) thermal control equipment for blood and 
fluids; 

(16) a postanesthetic recovery room or surgical intensive 
care unit which has at a minimum; 

(A) 24-hour-per-day availability of registered 
nurses within 30 minutes from inside or 
outside the hospital; 
(B) equipment for patients of all ages to 

include: 

capability for continuous monitoring 

of temperature, hemodynamics, and 

gas exchange; 

pulse oximetry; 

thermal control equipment for 

patients; and 

thermal control equipment for blood 

and fluids; 

(17) an intensive care unit for trauma patients which has 
at a minimum; 

(A) a designated surgical director of trauma 
patients; 

(B) a physician on duty in the intensive care unit 
24-hours-per-day or immediately available 
from within the hospital (which may be a 
physician who is the sole physician on call 
for the Emergency Department); 

(C) equipment for patients of all ages to include; 



(i) 



(ii) 
(ui) 

(iv) 



(.1) 



(ii) 
(iii) 

(IV) 
(V) 

(vi) 
(vii) 

(viii) 

(IX) 



airway control and ventilation 

equipment (laryngoscopes, 

endotracheal tubes, bag-mask 

resuscitators and pocket masks); 

ox\gen source with concentration 

controls; 

cardiac emergency cart; 

temporarv' transvenous pacemaker; 

electrocardiograph-oscilloscope- 

defibrillator; 

cardiac output monitoring capability; 

electronic pressure monitoring 

capability; 

mechanical ventilator; 

patient weighing devices; 



(23) 



(25) 



(D) 



(x) pulmonary function measuring 

devices; and 
(xi) temperature control devices; 
within 30 minutes of request, be able to 
perform blood gas measurements, hematocrit 
level, and chest X-ray studies; 

(18) physician-directed bum center staffed by nursing 
personnel trained in bum care or a written transfer 
agreement with a bum center; 

(19) acute spinal cord management capability or written 
transfer agreement with a designated spinal cord 
injur}' rehabilitation center when one exists within 
the region; 

(20) acute head injury management capability or written 
transfer agreement with a designated head injury 
center when one exists within the region; 

(21) radiological capabilities which have at a minimum: 

(A) radiology technician available within 30 
minutes of notification or documentation that 
procedures are available within 30 minutes; 

(B) if the capability of computed tomography 
exists in the hospital, the computed 
tomography technician must be available 
within 30 minutes of notification; 

(22) full in house rehabilitation service or a written 
transfer agreement with a rehabilitation facility 
accredited by the Commission on Accreditation of 
Rehabilitation Facilities; 

24-hour-per-day clinical laboratory service which 
must include at a minimum: 



(A) 

(B) 
(C) 
(D) 



(E) 
(F) 



(24) a quality improvement program to include: 



(A) 
(B) 
(C) 



(D) 
(E) 



(F) 



( 



standard analysis of blood, urine, and other 

body fluids: 

blood tN'ping and cross-matching; 

coagulation studies; 

comprehensive blood bank or access to a 

community central blood bank with storage 

facilities; 

blood gases and pH determination; and 

microbiology; 



a state approved trauma registry; 
morbiditv and mortality reviews; 
multidisciplinary trauma conference, at least 
quarterly, to include physicians, nurses, pre- 
hospital personnel, and a variety of other 
care givers which critiques individual cases 
and discusses educational issues related to 
trauma; 

utilization review; 

documentation and review of times and 
reasons for trauma related diversion of 
patients; and 

documentation and review of response times 
for trauma surgeons and anesthesiologists; 

an outreach program to include: 

(A) written transfer agreements to address the 
transfer and receipt of trauma patients; 



( 



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# 



t 



(B) programs for physicians within the 
community and within the referral area (to 
include telephone and on-site consultations) 
about how to access the trauma center 
resources and refer patients within the 
system; and 

(C) participation in a Regional Advisory 
Committee (RAC); 

(26) a documented continuing education program for 
staff physicians, nurses, allied health personnel, 
and community physicians to assure: 

(A) 20 hours of category I trauma related 
continuing medical education every two 
years for all attending general surgeons on 
the trauma service; 

(B) 20 hours of category I trauma related 
continuing medical education every two 
years for all emergency physicians; 

(C) 20 hours of category 1 trauma related 
continuing medical education (beyond in 
house in services) every two years for the 
trauma nurse coordinator; 

(D) eight hours per year trauma registry related 
or trauma related continuing education, as 
deemed appropriate by the trauma nurse 
coordinator, for the trauma registrar; 

(E) at least an 80% compliance rate for 16 hours 
of trauma related continuing education (as 
approved by the trauma nurse coordinator) 
every two years related to trauma care for 
RN's and LPN's in transport programs, 
emergency departments, primary intensive 
care units, primary trauma floors, and other 
areas deemed appropriate by the trauma 
nurse coordinator; and 

(F) eight contact hours of trauma related 
continuing education each year for physician 
assistants and mid-level practitioners 
routinely caring for trauma patients; 

(27) an organ procurement program which includes 
medical and legal criteria for donation, role of 
organ procurement organizations and role of trauma 
care professionals; and 

(28) a written plan specifying its role in the regional 
trauma network. 

(b) Initial designation as a Level 111 Trauma Center is valid 
for a period of three years. Hospitals may be issued a 
renewal designation for four years by demonstrating 
continued compliance with all criteria specified in Paragraph 
(a) of this Rule. 



center designation shall complete and submit an original and 
five copies of a bound RFP to the Office of Emergency 
Medical Services at least 30 days prior to the State 
Emergency Medical Services Advisory Council meeting at 
which the application is to be considered. A schedule of 
meetings for the State Emergency Medical Services Advisory 
Council may be obtained from the Office of Emergency 
Medical Services at PO Box 29530, Raleigh, North Carolina 
27626-0530. The RFP shall include, at a minimum, the 
following: 

(1) information which supports compliance with the 
criteria contained in "North Carolina's Trauma 
Center Criteria", dated November 1, 1996 which is 
incorporated by reference; 

(2) a justification by Level I or 11 applicants of the 
need for the trauma center that includes, at a 
minimum 

(A) the population to be served and the extent to 
which the population is under served for 
trauma care with the methodology used to 
reach this conclusion; 

(B) geographic considerations to include 
catchment area and distance from other 
trauma centers; and 

(C) trauma patient volume and severity of injury 
for the facility for the twenty-four month 
period of time preceding the application. 
The trauma center shall show that its trauma 
service will be taking care of at least 200 
trauma patients with an Injury Severity Score 
(ISS) greater than or equal to 13 during the 
first two year period of its designation. This 
criteria shall be met without compromising 
the quality of care or cost effectiveness of 
any other designated Level 1 or 11 trauma 
center sharing all or part of its catchment 
area or by jeopardizing the existing trauma 
center's ability to meet this same 200 patient 
minimum. 

(b) Hospitals seeking a renewal of trauma center 
designation shall complete and submit an original and five 
copies of a bound RFP to the Office of Emergency Medical 
Services at least 30 days prior to the site survey. 

(c) For initial trauma center designation, the hospital shall 
request a consultant visit by the Office of Emergency Medical 
Services and have a visit within one year prior to submission 
of the RFP. 

(d) The RFP shall demonstrate that the hospital meets the 
standards for the designation level applied for as found in 
Rule .2101, .2102, or .2103 of this Section. 



i 



History Note: Authority G.S. 131E-162; 
Eff. Aug ust 1. 1998. 

. 2 1 04 SUBMISSION OF REQUEST FOR 
PROPOSAL (RFP) 

(a) Hospitals desiring to be considered for initial trauma 



History Note: Authority G.S. 131E-162: 
Eff. Aug ust 1. 1998. 

SECTION .2400 - FORMS 

.2401 SOURCE OF FORMS AND DOCUMENTS 



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One copy of any form or document referenced in this 
Subchapter may be obtained free of charge from the North 
Carolina Office of Emergency Medical Services, Division of 
Facility Services, Department of Health and Human Services, 
Post Office Box 29530, Raleigh, Nonh Carolina 27626- 
9530, telephone (919) 733-2285. 

History Note: Authority G.S. 131E-162; 
Eff. August 1. 1998. 

CHAPTER 26 - MEDICAL ASSISTANCE 

SUBCHAPTER 26B - MEDICAL ASSISTANCE 
PROVIDED 

.0113 NC MEDICAID CRITERIA FOR CONTINUED 
ACUTE STAY IN AN INPATIENT 
PSYCHIATRIC FACILITY 

The following criteria apply to individuals under the age of 
21 in a psychiatric hospital or in a psychiatric unit of a 
general hospital, and to individuals aged 21 through 64 
receiving treatment in a psychiatric unit of a general hospital. 
These criteria shall be applied after the initial admission 
period of up to three days. To qualify for Medicaid coverage 
for a continuation of an acute stay in an inpatient psychiatric 
facility a patient must meet each of the conditions specified in 
Items (I) through (4) of this Rule. To qualify for Medicaid 
coverage for continued post-acute stay in an inpatient 
psychiatric facility a patient must meet all of the conditions 
specified in Item (5) of this Rule. 

(1) The patient has one of the following: 

(a) A current DSM-IV, Axis I diagnosis: or 

(b) A current DSM-IV, Axis II diagnosis and 
current symptoms/behaviors which are 
characterized by all of the following: 

(i) Symptoms/behaviors are likely to 
respond positively to acute inpatient 
treatment; and 
(ii) Symptoms/behaviors are not 

characteristic of patient's baseline 
functioning; and 
(iii) Presenting problems are an acute 
exacerbation of dysfunctional behavior 
patterns which are recurring and 
resistive to change. 

(2) Symptoms are not due solely to mental retardation. 

(3) The symptoms of the patient are characterized by: 
(a) At least one of the following: 

(i) Endangerment of self or others; or 
(ii) Behaviors which are grossly bizarre, 
disruptive, and provocative (e.g. feces 
smearing, disrobing, pulling out hair); 
or 
(iii) Related to repetitive behavior 
disorders which present at least five 
times in a 24-hour period; or 
(iv) Directly result in an inability to 



( 



maintain age appropriate roles; and 
(b) The symptoms of the patient are 
characterized by a degree of intensity 
sufficient to require continual 

medical/nursing response, management, and 
monitoring. 

(4) The services provided in the facility can reasonably 
be expected to improve the patient's condition or 
prevent further regression so that treatment can be 
continued on a less intensive level of care, and 
proper treatment of the patient's psychiatric 
condition requires services on an inpatient basis 
under the direction of a physician. 

(5) Except for patients receiving services through 
Carolina Alternatives and except for patients in 
state hospitals where the discharge requirements are 
set out in 10 NCAC 15A, in the event that not all 
of the requirements specified in Items (1) through 
(4) of this Rule are met, reimbursement may be 
provided for patients through the age of 17 for 
continued stay in an inpatient psychiatric facility at 
a post-acute level of care to be paid at the High 
Risk Intervention Residential High (HRI-R High) 
rate if the facility and program services are 
appropriate for the patient's treatment needs and 
provided that all of the following conditions are 
met: 

(a) The psychiatric facility has made a referral 

for case management and after care services y 
to the area Mental Health, Developmental i 
Disabilities, Substance Abuse (MH/DD/SA) 
program which serves the patient's county of 
eligibility. 

(b) The area MH/DD/SA program has found 
that no appropriate services exist or are 
accessible within a clinically acceptable 
waiting time to treat the patient in a 
community setting. 

(c) The area MH/DD/SA program has agreed 
that the patient has a history of sudden 
decompensation or significant regression and 
experiences weakness in his or her 
environmental support system which are 
likely to trigger a decompensation or 
regression. This history must be 
documented by the patient's attending 
physician. 

(d) The inpatient facility must have a contract to 
provide HRI-R, High with the area 
MH/DD/SA program which serves the 
patient's county of eligibility, or the area 
program's agent. Psychiatric hospitals or 
psychiatric units in general hospitals are 
eligible to establish contract relationships 
with all non-Carolina Alternatives area 



MH/DD/SA programs or their agents in 
accordance with statutory procedures as 



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APPROVED RULES 



defined in G.S. 122C-142. 

(e) The Child and Family Services Section of the 
Division of Mental Health, Developmental 
Disabilities, Substance Abuse Sei^ices shall 
approve the use of extended HRI-R, High, 
based on criteria in Sub-items (a)-(c) of this 
Item. 

CO The area MH/DD/SA program shall approve 
the psychiatric facility for the provision of 
extended HRI-R High, receive claims from 
the inpatient facility. and provide 
reimbursement to the facility in accordance 
with the terms of its contract. 

History Note: Authority G.S. 108A-25(b); 108A-54: 42 
C.F.R. 441, Subpart D; 
Elf. Jamiar,' 1. 1998. 



TITLE 15 A - DEPARTMENT OF ENVIRONMENT 
AN NATURAL RESOURCES 

CHAPTER 6 - SOIL AND WATER CONSERVATION 
COMMISSION 

SUBCHAPTER 6E - AGRICULTURE COST SHARE 

PROGRAM FOR NONPOINT SOURCE 

POLLUTION CONTROL 

SECTION .0100 - AGRICULTURE COST 
SHARE PROGRAM 

.0106 TECHNICAL ASSISTANCE FUNDS 

(a) The funds available for technical assistance shall be 
allocated by the commission based on the recommendation of 
the division and the needs as expressed by the district and 
needs to accelerate the installation of BMP's in the respective 
district. Each district may use these monies to fund new 
positions or to accelerate present technical assistance 
positions. Districts must provide an itemized budget to the 
division in order to qualify for technical assistance funds. 
Matching funds for district technical assistance shall be 
approved by the commission prior to any expenditure of 
funds. Budget revisions submitted by the districts can be 
approved by the NFS Section based on Paragraph (b) of this 
Rule. N. C. Agriculture Cost Share technical assistance 
funds may be used for each FTE technical position with the 
district matching 50 percent of the total. Priorities for 
funding positions are assigned based on the rating system as 
follows: 

(1) Position presently funded by program technical 
assistance funds 50 pts. 

(2) Position needed in district not presently receiving 
technical assistance monies 

(A) Position needed to qualify for cost share 
allocation 15 pts. 

(B) Position needed to further accelerate 



program 10 pis. 

(3) Position needed to further accelerate program in 
district presently receiving 

technical assistance monies for another 

position 5 pts. 

(4) Position needed to further accelerate treatment of 
identified critical nonpoint source pollution 
problem (i.e., intense animal waste, PNA drainage 
area. 

Nutrient Sensitive Watershed, etc.) 15 pts. 

(b) Technical assistance funds may be used for salary, 
benefits, social security, field equipment and supplies, office 
rent, office equipment and supplies, postage, telephone 
service, travel and mileage. A maximum of two thousand 
five hundred dollars ($2,500) per year for each FTE technical 
position is allowed for mileage charges. 

(c) Minimum requirements for technical positions shall be 
one of the following: 

(1) associated degree in engineering, agriculture, 
forestry or related field, or 

(2) high school diploma with two years experience in 
the fields listed in Rule .0106 (c)(1), of this 
Subchapter, or 

(3) appropriate experience in the fields listed in Rule 
.0106 (c)(1) of this Subchapter. 

(d) Cost shared positions must be used to accelerate the 
program activities in the district. A district technician cost 
shared with program funds may work on other activities as 
delegated by the field office supervisor but the total hours 
charged to the program by field office personnel must equal 
or exceed those hours funded through the program. Also, 
these hours must be in addition to those hours normally spent 
in BMP planning and installation by district personnel. 

(e) District technicians may be jointly funded by more than 
one district to accelerate the program in each participating 
district. Each district must be eligible for cost sharing in the 
program. Requests for funding (salary, FICA, insurance, 
etc.) of a shared position must be presented to the division by 
all concerned districts and the division will cost share to the 
billing district at a 50-50 rate based on the portion of the FTE 
provided each respective district. A shared position must be 
officially housed in one specific district and cost share for 
support items (office rent, telephone, etc.) will be paid to one 
district only. 

(0 Funds, if available, will be allocated to each 
participating district to provide for administrative costs under 
this program. These funds shall be used for clerical 
assistance and other related program administrative costs and 
will be matched with in-kind funds of an equal amount from 
the district. 

History Note: Authority' G.S. 139-4; 139-8; 143-215.74; 

143B-294; 

Eff. May 1, 1987; 

Amended Ejf. July 1. 1992; 

Recodified from 15A NCAC 6E .0006 Eff. December 20. 

1996: 



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953 



APPROVED RULES 



Amended Eff. November 1. 1997. 

.0107 COST SHARE AGREEMENT 

(a) The landowner shall be required to sign the agreement 
for all practices other than conservation tillage and land 
application of animal wastes. An applicant who is not the 
landowner may submit a long term written lease or other legal 
document, indicating control over the land in lieu of the 
landowner's signature, provided the control runs the length of 
the life of the practice as listed in the respective Program 
Year's Implementation Plan. Signature on the agreement 
constitutes responsibility for BMP maintenance and 
continuation. 

(b) As a condition for receiving cost share or cost share 
incentive payments for implementing BMP's, the applicant 
shall agree to continue and maintain those practices for the 
minimum life as set forth in the Detailed Implementation 
Plan, effective the date the BMP's are implemented. 

(c) As a condition for receiving cost share payments, the 
applicant shall agree to submit a soil test sample for analysis 
and follow the fertilizer application recommendations as close 
as reasonably and practically possible. Soil testing shall be 
required a minimum of every two years on all cropland 
affected by cost share payments. Failure to soil test shall not 
constitute noncompliance with the cost share agreement. 

(d) As a condition for receiving cost share payments for 
waste m.anagement systems, the applicant shall agree to have 
the waste material anahzed once every year to determine its 
nutrient content. If the waste is land applied, the applicant 
shall agree to soil test the area of application and to apph' the 



waste as close as reasonably and practically possible to 
recommended rates. 'When waste is land applied, waste 
analysis and soil testing shall be conducted annually. 

(e) The technical representative of the district shall 
determine if the practice(s) implemented have been installed 
according to specifications as defined for the respective 
program year in the USDA-Natural Resources Conservation 
Service Technical Guide, Section IV, Raleigh, North 
Carolina, or according to specifications approved by the 
division for district BMP's. The district shall be responsible 
for making an annual spot check of five percent of all the 
participating farms to ensure proper maintenance. Waste 
management systems will receive annual status reviews for 
five years following implementation. 

(f) If the technical representative of the district determines 
that a BMP for which program funds were received has been 
destroyed or has not been properly maintained, the applicant 
will be notified that the BMP must be repaired or re- 
implemented within 30 working days. For vegetative 
practices, applicants are given one calendar year to re- 
establish the vegetation. The district may grant a prescribed 
extension period if it determines compliance can not be met 
due to circumstances beyond the applicants control. 

(g) If the practices are not repaired or reimplemented 
within the specified time, the applicant shall be required to 
repay to the division a prorated refund for cost share BMP's 
as shown in Table 1 and 100 percent of the cost share 
incentive payments received. 



( 



Table 1 

PRORATED REFUND SCHEDULE FOR NONCOMPLIANCE 

OF COST SHARE PAYMENTS 



Percent Age of Practice Life 

10 
20 
30 
40 
50 
60 
70 
80 
90 
100 
(h) An applicant, who has been found in noncompliance 
and who does not agree to repair or reimplement the cost 
shared practices, and a District may jointly request the 
commission to informally mediate the case. To invoke this 
method of mediation, both parties must stipulate that the 
commission mediation is binding. 

(i) An applicant shall have a ma.ximum of 180 days to 
make repayment to the division following the final appeals 
process. 

(j) The inability to properly maintain cost shared practices 



Percent Refund 
100 
95 
89 
82 
74 
65 
55 
44 
31 
17 

or the destruction of such practices through no fault of the 
applicant shall not be considered as noncompliance with the 
cost share agreement. 

(k) When land under cost share agreement changes owners 
the new landowner shall be strongly encouraged by the 
district to continue and maintain practice(s) previously 
implemented. 

History Note: Authority G.S. 139-8; 143-215. 74; 
Eff. May 1, 1987; 



( 



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December 1, 1997 



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APPROVED RULES 



Amended Eff. July 1. 1992; 

Recodified from ISA NCAC 6E 

1996: 

Amended Eff. November 1, 1997. 



.0007 Eff. December 20, 



.0108 DISTRICT PROGRAM OPERATION 

(a) As a component of the annual strategy plan developed 
by each district, both cropland and animal operations will be 
prioritized according to pollution potential. Technical and 
financial assistance will be targeted to facilitate BMP 
implementation on the identified critical areas. 

(b) Priority by the district may be given to implementing 
systems of BMP's which provide the most cost effective 
reduction of nonpoint source pollution. 

(c) All applicants shall apply to the district and complete 
the necessary forms in order to receive cost share payments. 

(d) The district shall review each application and the 
feasibility of each application. The district shall review and 
approve the evaluation and assign priority for cost sharing. 
All applicants shall be informed of cost share approval or 
denial. 

(e) Upon approval of the application by the district, the 
applicant and the district shall enter into a cost share 
agreement. The cost share agreement shall list the practices 
to be cost shared with state funds. The agreement shall also 
include the average cost of the recommended practice(s), cost 
incentive payment of the practice(s), and the expected 
implementation date of the practice(s). CPO's will be 
developed and become a part of the cost share agreement. 

(f) Upon completion of practice(s) implementation, the 
technical representative of the district shall notify the district 
of compliance with design specifications. 

(g) Upon notification, the district shall review the CPO. 
Upon approval, the district shall certify the practices in the 
CPO and notify the division to make payment to the 
applicant. 

(h) Upon receipt of a quarterly statement from the district, 
the division shall reimburse to the district the appropriate 
amount for technical and clerical assistance. 

(i) The district shall be responsible for and approve all 
BMP inspections as set forth in Rule .0107 (e) of this 
Subchapter to insure proper maintenance and continuation 
under the cost share agreement. 

(j) Districts shall provide quarterly reports on program 
accomplishments to the commission on October 15, January 
15, April 15 and an annual report on July 15. 

(k) The district will be responsible for keeping appropriate 
records dealing with the program. 

History Note: Authority G.S. 139-4: 139-8: 143-215.74; 

143B-294; 

Eff. May 1. 1987; 

Recodified from ISA NCAC 6E .0008 Eff. December 20, 

1996; 

Amended Eff. November 1. 1997. 

CHAPTER 7 - COASTAL MANAGEMENT 



SUBCHAPTER 7H - STATE GUIDELINES FOR AREAS 
OF ENVIRONMENTAL CONCERN 

SECTION .0300 - OCEAN HAZARD AREAS 

.0304 AECs WITHIN OCEAN HAZARD AREAS 

The ocean hazard system of AECs contains all of the 
following areas: 

(1) Ocean Erodible Area. This is the area in which 
there exists a substantial possibility of excessive 
erosion and significant shoreline fluctuation. The 
seaward boundary of this area is the mean low 
water line. The landward extent of this area is 
determined as follows: 

(a) a distance landward from the first line of 
stable natural vegetation to the recession line 
that would be established by multiplying the 
long-term annual erosion rate times 60, 
provided that, where there has been no 
long-term erosion or the rate is less than two 
feet per year, this distance shall be set at 120 
feet landward from the first line of stable 
natural vegetation. For the purposes of this 
Rule, the erosion rates shall be the long-term 
average based on available historical data. 
The current long-term average erosion rate 
data for each segment of the North Carolina 
coast is depicted on maps entitled "Long 
Term Annual Shoreline Change Rates 
updated through 1992" and approved by the 
Coastal Resources Commission on September 
27, 1996 (except as such rates may be varied 
in individual contested cases, declaratory or 
interpretive rulings). The maps are available 
without cost from any local permit officer or 
the Division of Coastal Management; and 

(b) a distance landward from the recession line 
established in Sub-Item (l)(a) of this Rule to 
the recession line that would be generated by 
a storm having a one percent chance of being 
equaled or exceeded in any given year. 

(2) The High Hazard Flood Area. This is the area 
subject to high velocity waters (including, but not 
limited to, hurricane wave wash) in a storm having 
a one percent chance of being equaled or exceeded 
in any given year, as identified as zone VI -30 on 
the flood insurance rate maps of the Federal 
Insurance Administration, U.S. Department of 
Housing and Urban Development. 

(3) Inlet Hazard Area. The inlet hazard areas are 
natural-hazard areas that are especially vulnerable 
to erosion, flooding and other adverse effects of 
sand, wind, and water because of their proximity to 
dynamic ocean inlets. This area shall extend 
landward from the mean low water line a distance 
sufficient to encompass that area within which the 
inlet will, based on statistical analysis, migrate, and 



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955 



APPROVED RULES 



shall consider such factors as previous inlet 
territory, structurally weak areas near the inlet 
(such as an unusually narrow barrier island, an 
unusually long channel feeding the inlet, or an 
overwash area), and external influences such as 
jetties and channelization. The areas identified as 
suggested Inlet Hazard Areas included in the report 
entitled INLET HAZARD AREAS, The Final 
Report and Recommendations to the Coastal 
Resources Commission, 1978, as amended in 1981, 
by Loie J. Priddy and Rick Carraway are 
incorporated by reference without future changes 
are hereby designated as Inlet Hazard Areas except 
that the Cape Fear Inlet Hazard Area as shown on 
said map shall not extend nonheast of the Baldhead 
Island marina entrance channel. In all cases, this 
area shall be an extension of the adjacent ocean 
erodible area and in no case shall the width of the 
inlet hazard area be less than the width of the 
adjacent ocean erodible area. This report is 
available for inspection at the Department of 
Environment and Natural Resources, Division of 
Coastal Management, 2728 Capital Boulevard, 
Raleigh, North Carolina. Small scaled photo 
copies are available at no charge. 
(4) Unvegetated Beach Area. Beach areas within the 
Ocean Hazard Area where no stable natural 
vegetation is present may be designated as an 
unvegetated beach area on either a permanent or 
temporary basis: 

(a) An area appropriate for permanent 
designation as an unvegetated beach area is a 
dynamic area that is subject to rapid 
unpredictable landform change from wind 
and wave action. The areas in this category 
shall be designated following detailed studies 
by the Coastal Resources Commission. 
These areas shall be designated on maps 
approved by the Commission and available 
without cost from any local permit officer or 
the Division of Coastal Management. 

(b) An area that is suddenly unvegetated as a 
result of a hurricane or other major storm 
event may be designated as an unvegetated 
beach area for a specific period of time. At 
the expiration of the time specified by the 
Commission, the area shall return to its pre- 
storm designation. Areas appropriate for 
such designation are those in which 
vegetation has been lost over such a large 
land area that extrapolation of the vegetation 
line under the procedure set out in Rule 
.0305(e) of this Section is inappropriate. 

The Commission designates as temporary 
unvegetated beach areas those oceanfront areas in 
New Hanover, Pender, Carteret and Onslow 
Counties in which the vegetation line as shown on 



aerial photography dated August 8, 9, and 17, 
1996, was destroyed as a result of Hurricane Fran 
on September 5, 1996. This designation shall 
continue until such time as stable, natural 
vegetation has reestablished or until the area is 
permanently designated as an unvegetated beach 
area pursuant to Sub-Item 4(a) of this Rule. 

History Note: Authority G.S. 113A-107; 113A-113; 

113A-124: 

Eff. September 9, 7977,- 

Amended Eff. December 1. 1993; November 1, 1988; 

September], 1986: December 1, 1985; 

Temporary Amendment Eff. October 10, 1996; 

Amended Eff. April 1. 1997; 

Temporary Amendment Eff. October 10, 1996 Expired on July 

29, 1997; 

Temporary Amendment Eff. October 22, 1997; 

Amended Eff. August 1. 1998. 

CHAPTER 18 
ENVIRONMENTAL HEALTH 

SUBCHAPTER 18A - SANITATION 

SECTION .1900 - SEWAGE TREATMENT AND 
DISPOSAL SYSTEMS 

.1937 PERMITS 

(a) Any person owning or controlling a residence, place of 
business, or place of public assembly containing water-using 
fixtures connected to a water supply source shall discharge all 
wastewater directly to an approved wastewater system 
permitted for that specific use. 

(b) An Improvement Permit, Authorization for Wastewater 
System Construction (Construction Authorization) and 
Operation Permit, shall be required in accordance with G.S. 
130A-336, G.S. 130A-337 and G.S. 130A-338. Rule .1949 
of this Section shall be used to determine whether subsequent 
additions, modifications, or change in the type of facility 
increase wastewater flow or alter wastewater characteristics. 

(c) An application for an Improvement Permit or 
Construction Authorization, as applicable, shall be submitted 
to the local health department for each site prior to the 
construction, location, or relocation of a residence, place of 
business, or place of public assembly. Applications for 
systems required to be designed by a professional engineer 
and applications for industrial process wastewater systems 
shall meet the provisions of Rule . 1938 of this Section. 

(d) The application for an Improvement Permit shall 
contain at least the following information: owner's name, 
mailing address, and phone number, location of property, plat 
of property or site plan, description of existing and proposed 
facilities or structures, number of bedrooms, or number of 
persons served, or other factors required to determine 
wastewater system design flow or wastewater characteristics, 
type of water supply including the location of proposed or 



( 



( 



956 



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December 1, 1997 



12:11 



APPROVED RULES 



existing well(s), and signature of owner or owner's legal 
representative. The applicant shall identify property lines and 
fixed reference points in the field. The applicant shall make 
the site accessible for an evaluation as required in Rule .1939 
of this Section. The applicant shall notify the local health 
department on the application of the following: 

(1) the property contains previously identified 
jurisdictional wetlands: 

(2) wastewater other than sewage will be generated; or 

(3) the site is subject to approval by other public 
agencies. 

(e) The application for a Construction Authorization shall 
contain; 

(1) the information required in Paragraph (d) of this 
Rule; however, a plat or site plan shall not be 
required with the application for a Construction 
Authorization to repair a previously permitted 
system when the repairs will be accomplished on 
property owned and controlled by the applicant and 
for which the property lines are readily identifiable 
in the field; 

(2) the locations of the proposed facility, 
appurtenances, and the site for the sytem showing 
setbacks to property line(s) or other fixed reference 
point(s); and 

(3) the proposed system type as specified by the owner 
or owner's legal representative and that meets the 
conditions of the Improvement Permit, the 
provisions of these Rules, and G.S. 130A, Article 
11. 

(0 An authorized agent of DENR shall issue an 
Improvement Permit after determining that the site is suitable 
or provisionally suitable and that a system can be installed so 
as to meet the provisions of these Rules. The Improvement 
Permit shall include those items required in G.S. 130A- 
336(a). An Improvement Permit for which a plat is provided 
shall be valid without expiration and an Improvement Permit 
for which a site plan is provided shall be valid for 60 months 
from the date of issue as provided in G.S. 130A-335(f) and 
G.S. 130A-336(a). The Improvement Permit is transferable 
to subsequent owners except as provided in G.S. 130A-335(f) 
and G.S. 130A-336(a). 

(g) The Construction Authorization as provided in G.S. 
130A-335(f) and G.S. 130A-336(b) shall be valid for a period 
equal to the period of validity of the Improvement Permit, not 
to exceed 60 months. Site modifications required as 
conditions of an Improvement Permit shall be completed prior 
to the issuance of a Construction Authorization. The 
Construction Authorization shall be issued by an authorized 
agent for the installation of a wastewater system when it is 
found that the Improvement Permit conditions and rules of 
this Section are met. The Construction Authorization shall 
contain conditions regarding system type, system layout, 
location, and installation requirements. The property owner 
shall ensure that a Construction Authorization is obtained and 
is valid prior to the construction or repair of a system. The 
property owner shall obtain a Construction Authorization 



prior to the construction, location, or relocation of a 
residence, place of business, or place of public assembly. If 
the installation has not been completed during the period of 
validity of the Construction Authorization, the information 
submitted in the application for a Permit or Construction 
Authorization is found to have been incorrect, falsified or 
changed, or the site is altered, the Permit or Construction 
Authorization shall become invalid, and may be suspended or 
revoked. When a Permit or Construction Authorization has 
become invalid, expired, suspended, or revoked, the 
installation shall not be commenced or completed until a new 
Permit or Construction Authorization has been obtained. 
Revised Construction Authorizations shall be issued for sites 
where improvement Permits are valid without expiration in 
compliance with G.S. 130A-335(fl). 

(h) Prior to the issuance of a Construction Authorization 
for a wastewater system to serve a condominium or other 
multiple-ownership development where the system will be 
under common or joint control, a draft agreement (tri-party) 
among the local health department, developer, and a proposed 
non-profit, incorporated owners association shall be 
submitted to the local health department for approval. Prior 
to the issuance of an Operation Permit for a system requiring 
a tn-party agreement, the agreement shall be executed among 
the local health department, developer, and a non-profit, 
incorporated owners association and filed with the local 
register of deeds. The tri-party agreement shall address 
ownership transfer of ownership, maintenance, repairs, 
operation, and the necessary funds for the continued 
satisfactory performance of the wastewater system, including 
collection, treatment, disposal, and other appurtenances. 

(i) No residence, place of business, or place of public 
assembly shall be occupied nor shall any wastewater system 
be covered or placed into use until an authorized agent issues 
an Operation Permit. The Operation Permit shall not be 
issued or reissued until the authorized agent finds that the 
system is in compliance with Article 11 of G.S. Chapter 
130A, these Rules, and all conditions prescribed by the 
Improvement Permit, and Construction Authorization. The 
Operation Permit shall specify the system type in accordance 
with Table V(a) of Rule .1961 of this Section, and shall 
include conditions for system performance, operation, 
maintenance, monitoring and reporting. At the review 
frequency specified in Rule .1961, Table V(a) of this Section, 
an authorized agent shall determine whether a system in 
compliance with the conditions of the Operation Permit, these 
Rules, and Article 1 1 of G.S. Chapter 130A. An authorized 
agent may modify, suspend or revoke the Operation Permit or 
seek other remedies under Article 2, Chapter 130A, if the 
system is not in compliance with Article 11 of G.S. Chapter 
130A, these Rules, and all conditions imposed by the 
Operation Permit. 

(j) For a Type V or VI system as specified in Rule .1961, 
Table V(a) of Paragraph (b)(9) of this Section, the Operation 
Permit shall expire either; 

(1) 60 months after the Operation Permit is issued for 
any system installed on or after the effective date of 



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these Rules, or 
(2) 60 months after the effective date of these Rules for 
any system with a valid Operation Permit issued 
prior to the effective dale of these Rules. 

(k) Upon determining that an existing wastewater system 
including all subsystems and system components in a 
manufactured home park has a valid Operation Permit and is 
in compliance with Anicle 11 of G.S. Chapter 130A, these 
Rules, and permit conditions, an authorized agent shall issue 
a written authorization for a manufactured home to be 
connected to the existing system. 

(1) Any person other than the owner or controller of a 
residence, place of business, or place of public assembly, 
who engages in the business of constructing, installing, or 
repairing wastewater systems shall register with the local 
health department in each county where he operates before 
constructing, installing, or repairing wastewater systems. 

(m) An authorized agent shall prepare a written report with 
reference to the site and soil conditions required to be 
evaluated pursuant to this Section. When a permit is denied, 
the report shall be provided to the applicant. If modifications 
or alternatives are available, information shall be provided to 
the applicant. The report shall be signed and dated by an 
authorized agent of the State. 

History Note: Authorit\' G.S. 130A-3 35(e) and (f); 

Eff. July 1. 1982; 

Amended Eff. August 1, 1991; January 1, 1990; January 1, 

1984; 

Temporary Amendment Eff. January 20, 1997; 

Amended Eff. August 1. 1998. 

.1961 MAINTENANCE OF SEWAGE SYSTEMS 

(a) Any person owning or controlling the property upon 
which a ground absorption sewage treatment and disposal 
system is installed shall be responsible for the following items 
regarding the maintenance of the system: 

(1) Ground absorption sewage treatment and disposal 
systems shall be operated and maintained to prevent 
the following conditions: 

(A) a discharge of sewage or effluent to the 
surface of the ground, the surface waters, or 
directly into ground water at any time; or 

(B) a back-up of sewage or effluent into the 
facility, building drains, collection system, 
or freeboard volume of the tanks; or 

(C) a free liquid surface within three inches of 
finished grade over the nitrification trench 
for two or more observations made not less 
than 24 hours apart. Observations shall be 
made greater than 24 hours after a rainfall 
event. 

The system shall be considered to be 
malfunctioning when it fails to meet one or more of 
these requirements, either continuously or 
intermittently, or if it is necessary to remove the 
contents of the tank(s) at a frequency greater than 



once per month in order to satisfy the conditions of 
(A), (B), or (C) of this Paragraph. Legal remedies 
may be pursued after an authorized agent has 
observed and documented one or more of the A 
malfunctioning conditions and has issued a notice 1 
of violation. 
(2) Ground absorption sewage treatment and disposal 
systems shall be checked, and the contents of the 
septic tank removed, periodically from all 
compartments, to ensure proper operation of the 
system. The contents shall be pumped whenever 
the solids level is found to be more than 1/3 of the 
liquid depth in any compartment. 

(b) System management in accordance with Tables V(a) 
and V(b) of this Rule shall be required for all systems 
installed or repaired after July 1, 1992. After July 1, 1992, 
system management in accordance with Tables V(a) and V(b) 
shall be required for all existing Type V and Type VI 
systems. 

(c) No Improvement Permit or Construction Authorization 
shall be issued for Type IV, Type V, or Type VI systems, 
unless a management entity of the type specified in Table 
Vtb) is specifically authorized, funded, and operational to 
carry out this management program in the service area where 
the proposed system is to be located. 

(d) A local health department may be the public 
management entity only for systems classified Type IV, V(a) 
and V(b) and only when specifically authorized by resolution 
of the local board of health. 

(e) A contract shall be executed between the system owner m 
and a management entity prior to the issuance of an Operation ' 
Permit for a system required to be maintained by a public or 
private management entity, unless the system owner and 
certified operator are the same. The contract shall include the 
specific requirements for maintenance and operation, 
responsibilities of the owner and system operator, provisions 
that the contract shall be in effect for as long as the system is 
in use, and other requirements for the continued proper 
performance of the system. It shall also be a condition of the 
Operation Permit that subsequent owners of the system 
execute such a contract. 

(f) Inspections of the system shall be performed by a 
management entity at the frequency specified in Table V(b). 
The management entity shall report the results of their 
inspections to the local health department at the specified 
reporting frequency. However, where inspections indicate 
the need for system repairs, the management entity shall 
notify the local health department within 48 hours in order to 
obtain a Construction Authorization for the repairs. 

(g) The management entity shall be responsible for 
assuring routine maintenance procedures and monitoring 
requirements in accordance with the conditions of the 
Operation Permit and the contract. 

(h) Sewage systems with multiple components shall be 
classified by their highest or most complex system type in / 
accordance with Table V to determine local health department I 
and management entity responsibilities. 



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# 



(i) Sewage systems not identified in this Rule shall be 
classified by the Division of Environmental Health after 
consultation with the appropriate commission governing 
operators of pollution control facilities. 

(j) The local health department shall routinely review the 
performance and operation reports submitted in accordance 



with Table V(b) of this Rule and shall perform an on-site 
inspection of the systems as required in Table V(a). 

(k) The certified operator shall hold a valid and current 
certificate from the appropriate commission, and nothing in 
this Section shall preclude any requirements for system 
operators, in accordance with Article 3 of G.S. 90A. 



TABLE V(a) 



LOCAL HEALTH DEPARTMENT RESPONSIBILITIES 



System 
Classification 



System 
Description 





Minimum 




System 


Permits 


Review 


Required 


Frequency 



Type I 



a. Privy 

b. Chemical toilet 

c. Incinerating toilet 

d. Other toilet system 

e. Grease trap 



Improvement N/A 

Permit, Construction 
Authorization, and Operation 
Permit 



Type II 



i 



a. Conventional septic system 
(single-family or 480 GPD 
or less) 

b. Conventional septic system 
with 750 linear feet of 
nitrification line or less 

c. Conventional system with 
shallow placement 



a. Conventional septic system 
> 480 GPD (excluding 
single-family residence) 

b. Septic system with 
single effluent pump 
or siphon 

c. Gravity fill system 

d. Dual gravity field system 

e. PPBPS system, gravity dosed 

f. Large diameter pipe system 

g. Other non-conventional 
trench systems 



Improvement 
Permit, Construction 
Authorization, and 
Operation Permit 



N/A 



Type III 



Improvement 
Permit, Construction 
Authorization, and Operation 
Permit 



5 yrs. (Illb only) 



Type IV 



a. Any system with LPP 
distribution 

b. System with more than 
1 pump or siphon 



3 yrs. 



Improvement 
Permit, Construction 
Authorization, and Operation 
Permit 



Type V 



• 



a. Sand filter pretreatment 
system 

b. Any > 3,000-GPD septic 
tank system with a 
nitrification field 
designed for > 1500 GPD 

c. Aerobic Treatment Unit (ATU) 



Improvement 12 mos. 

Permit, Construction 
Authorization, and Operation 
Permit 



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Type VI 



d. Other mechanical, biological, 
or chemical pretreatment plant 
(< 3000 GPD) 



a. Any > 3,000 GPD system 
with mechanical, biological, 
or chemical pretreatment 
system plant 

b. Wastewater reuse/recvcle 



6 mos. 



Improvement 
Permit, Construction 
Authorization, and Operation 
Permit 



( 



TABLE V(b) 
MANAGEMENT ENTITY RESPONSIBILITIES 



System 
Classification 



Management 
Entity 



Minimum System 
Inspection/Maintenance Reporting 

Frequency Frequency 



Type I 


Owner 


N/A 


N/A 


Type II 


Owner 


N/A 


N/A 


Type III 


Owner 


N/A 


N/A 



Type IV Public Management 

Entity with a 
Certified Operator or a 
private Certified Operator 



l/yr. 



Type V Public Management 

Entity With a 
Certified Operator or a 
private Certified 
Operator 



a. 2/yr (0-1500 GPD) 
4/yr (1500-3000 GPD) 
12/yr (3000-10000 GPD) 
l/wk(> 10000 GPD) 

b. 12/yr (3000-10000 GPD) 
l/wk(> 10000 GPD) 

c. 4/yr. 

d. 12/yr. 



12 mos. 



6 mos. 



< 



Type VI Public Management Entity 

With a Certified Operator 



a. l/wk(3000-10000GPD) 
2/wk( 10000-25000 GPD) 
3/wk(25000-50000 GPD) 
5/wk( > 75000 GPD) 

b. 12/yr. 



3 mos. 



(1) A sewage collection, treatment, and disposal system 
that creates or has created a public health hazard or nuisance 
by surfacing of effluent or discharge directly into ground 
water or surface waters, or that is partially or totally 
destroyed shall be repaired within 30 days of notification by 
the state or local health depanment unless the notification 
otherwise specifies a repair period in writing. If a system 
described in the preceding sentence has for any reason been 
disconnected, the system shall be repaired prior to reuse. The 
state or local health department shall use its best professional 
judgement in requiring repairs that will reasonably enable the 



system to function properly. If, for any reason, a sewage 
collection, treatment, and disposal system is found to be 
nonrepairable, or is no longer required, the system shall not 
be used, and may be required to have any contents removed, 
collapse any components and backfill, or otherwise secured as 
directed by the authorized agent to protect the public health 
and safety. 

(m) When necessary to protect the public health, the state 
or local health department may require the owner or 
controller of a malfunctioning system to pump and haul 
sewage to an approved wastewater system during the time 



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needed to repair the system. 

History Note: Filed as a Temporary Amendment EJf. July 3. 

1991, for a Period of 180 Days to Expire on December 30, 

1991; 

Filed as a Temporary Amendment Eff. June 30, 1990, 

for a Period of 180 Days to Expire on December 27, 1990; 

Authority G.S. 130A-335(e) and if); 

Eff. July 1, 1982; 

Amended Eff. August 1. 1991; October 1. 1990; January 1, 

1990; August 1. 1988; 

Temporary Rule Amendment Eff. January 20, 1997; 

Amended Eff. August L. 1998. 

CHAPTER 19 - HEALTH: EPIDEMIOLOGY 

SUBCHAPTER 19A - COMMUNICABLE DISEASE 
CONTROL 



SECTION .0100 



REPORTING OF COMMUNICABLE 
DISEASES 



.0101 REPORTABLE DISEASES AND CONDITIONS 

(a) The following named diseases and conditions are 
declared to be dangerous to the public health and are hereby 
made reportable within the time period specified after the 
disease or condition is reasonably suspected to exist: 



(1) 

(2) 
(3) 
(4) 
(5) 
(6) 
(7) 

(8) 
(9) 
(10) 
(11) 
(12) 
(13) 
(14) 
(15) 
(16) 

(17) 



(18) 
(19) 
(20) 

(21) 

(22) 
(23) 



acquired immune deficiency syndrome (AIDS) - 7 

days; 

anthrax - 24 hours; 

botulism - 24 hours; 

brucellosis - 7 days; 

Campylobacter infection - 24 hours; 

chancroid - 24 hours; 

chlamydia] infection (laboratory confirmed) - 7 

days; 

cholera - 24 hours; 

cryptosporidiosis - 24 hours; 

cyclosporiasis - 24 hours; 

dengue - 7 days; 

diphtheria - 24 hours; 

E. coli 0157:H7 infection - 24 hours; 

ehrlichiosis - 7 days; 

encephalitis, arboviral - 7 days; 

enterococci, vancomycin-resistant, from normally 

sterile site - 7 days; 

foodbome disease, including but not limited to 

Clostridium perfringens, staphylococcal, and 

Bacillus cereus - 24 hours; 

gonorrhea - 24 hours; 

granuloma inguinale - 24 hours; 

Haemophilus influenzae, invasive disease - 24 

hours; 

Hemolytic -uremic syndrome/thrombotic 

thrombocytopenic purpura - 24 hours; 

hepatitis A - 24 hours; 

hepatitis B - 24 hours; 



(24) hepatitis B carriage - 7 days; 

(25) hepatitis C, acute - 7 days; 

(26) human immunodeficiency virus (HIV) infection 
confirmed - 7 days; 

(27) legionellosis - 7 days; 

(28) leptospirosis - 7 days; 

(29) Lyme disease - 7 days; 

(30) lymphogranuloma venereum - 7 days; 

(31) malaria - 7 days; 

(32) measles (rubeola) - 24 hours; 

(33) meningitis, pneumococcal - 7 days; 

(34) meningococcal disease - 24 hours; 

(35) mumps - 7 days; 

(36) nongonococcal urethritis - 7 days; 

(37) plague - 24 hours; 

(38) paralytic poliomyelitis - 24 hours; 

(39) psittacosis - 7 days; 

(40) Q fever - 7 days; 

(41) rabies, human - 24 hours; 

(42) Rocky Mountain spotted fever - 7 days; 

(43) rubella - 24 hours; 

(44) rubella congenital syndrome - 7 days; 

(45) salmonellosis - 24 hours; 

(46) shigellosis - 24 hours; 

(47) streptococcal infection. Group A, invasive disease - 
7 days; 

(48) syphilis - 24 hours; 

(49) tetanus - 7 days; 

(50) toxic shock syndrome - 7 days; 

(51) toxoplasmosis, congenital - 7 days; 

(52) trichinosis - 7 days; 

(53) tuberculosis - 24 hours; 

(54) tularemia - 24 hours; 

(55) typhoid - 24 hours; 

(56) typhoid carriage (Salmonella typhi) - 7 days; 

(57) typhus, epidemic (louse-borne) - 7 days; 

(58) vibrio infection (other than cholera) - 24 hours; 

(59) whooping cough - 24 hours; 

(60) yellow fever - 7 days. 

(b) For purposes of reporting; confirmed human 
immunodeficiency virus (HIV) infection is defined as a 
positive virus culture; repeatedly reactive EIA antibody test 
confirmed by western blot or indirect immunofluorescent 
antibody test; positive polymerase chain reaction (PCR) test; 
or other confirmed testing method approved by the Director 
of the State P*ublic Health Laboratory conducted on or after 
February 1, 1990. In selecting additional tests for approval, 
the Director of the State Public Health Laboratory shall 
consider whether such tests have been approved by the federal 
Food and Drug Administration, recommended by the federal 
Centers for Disease Control and Prevention, and endorsed by 
the Association of State and Territorial Public Health 
Laboratory Directors. 

(c) In addition to the laboratory reports for Mycobacterium 
tuberculosis. Neisseria gonorrhoeae, and syphilis specified in 
G.S. 130A-139, laboratories shall report: 

(1) Isolation or other specific identification of the 



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APPROVED RULES 



following organisms or their products from human 
clinical specimens; 

(A) Any hantavirus. 

(B) Bacillus anthracis, the cause of anthrax. 

(C) Bordetella pertussis, the cause of whooping 
cough (pertussis). 

(D) Brucella spp. , the causes of brucellosis. 

(E) Campylobacter spp. , the causes of 
campy lobacteriosis. 

(F) Clostridium botulinum, a cause of botulism. 

(G) Clostridium teiani, the cause of tetanus. 

(H) Corynebacterium diphtheriae, the cause of 

diphtheria. 
(I) Coxiella burnetii, the cause of Q fever. 
(J) Crxptosporidium parx'um, the cause of 

human cryptosporidiosis. 
(K) Cyclospora cayetanesis, the cause of 

cyclosporiasis. 
(L) Ehrlichia spp. , the causes of ehrlichiosis. 
(M) Escherichia coli 0157:H7, a cause of 

hemorrhagic colitis, hemolytic uremic 

syndrome, and thrombotic thrombocytopenic 

purpura. 
(N) Erancisella tularensis, the cause of 

tularemia. 
(O) Hepatitis B virus or any component thereof, 

such as hepatitis B surface antigen. 
(P) Human Immunodeficiency Virus, the virus 

associated with AIDS. 
(Q) Legionella spp. , the causes of legionellosis. 
(R) Leptospira spp. , the causes of leptospirosis. 
(S) Rabies virus. 
(T) Rickettsia rickettsii, the cause of Rocky 

Mountain spotted fever. 
(U) Salmonella spp. , the causes of salmonellosis. 
(V) Shigella spp. , the causes of shigellosis. 
(W) Trichinella spiralis, the cause of trichinosis. 
(X) Vibrio spp., the causes of cholera and other 

vibrioses. 
(Y) Yersinia pestis, the cause of plague. 

(2) Isolation or other specific identification of the 
following organisms from normally sterile human 
body sites: 

(A) Group A Streptococcus pyogenes (group A 
streptococci). 

(B) Haemophilus influenzae, serotype b. 

(C) Neisseria meningitidis, the cause of 
meningococcal disease. 

(D) Vancomycin-resistant Enterococcus spp. 

(3) Positive serologic test results, as specified, for the 
following infections: 

(A) Fourfold or greater changes or equivalent 
changes in serum antibody titers to: 
(i) Any arthropod-borne viruses 

associated with meningitis or 
encephalitis in a human, 
(ii) Any hantavirus. 



(iii) Chlamydia psittaci, the cause of 

psittacosis, 
(iv) Coxiella burnetii, the cause of Q 

fever. / 

(v) Dengue virus. \ 

(vi) Ehrlichia spp., the causes of 

ehrlichiosis, 
(vii) Measles (rubeola) virus, 
(viii) Mumps virus, 
(ix) Rickettsia rickettsii, the cause of 

Rocky Mountain spotted fever. 
(x) Rubella virus. 
(B) The presence of IgM serum antibodies to: 
(i) Hepatitis A virus, 
(ii) Hepatitis B virus core antigen. 
(iii) Rubella virus, 
(iv) Rubeola (measles) virus. 

History Note: Filed as a Temporary Rule Eff. February 1, 

1988, for a period of 180 days to expire on July 29, 1988; 

Authority G.S. 130A-134; 130A-135; 130A-139; 130A-141; 

Eff. March 1, 1988: 

Amended Eff. October 1, 1994; February 1, 1990. 

Temporary Amendment Eff. July 1, 1997; 

Amended Eff. Aug ust L 1998. 



.0102 METHOD OF REPORTING 

(a) When a report of a disease or condition is required to 
be made pursuant to G.S. 130A-135 through 139 and 15A 
NCAC 19A .0101, the report shall be made to the local 
health director as follows: 

(1) For diseases and conditions required to be reported 
within 24 hours, the initial report shall be made by 
telephone, and the report required by Subparagraph 
(2) of this Paragraph shall be made within seven 
days. 

(2) In addition to the requirements of Subparagraph (1) 
of this Paragraph, the report shall be made on the 
communicable disease report card or in an 
electronic format provided by the Division of 
Epidemiology and shall include the name and 
address of the patient, the name and address of any 
minor's parent or guardian, and all other pertinent 
epidemiologic information. 

(3) Until September 1, 1994, reports of cases of 
confirmed HIV infection identified by anonymous 
tests that are conducted at HIV testing sites 
designated by the State Health Director pursuant to 
15A NCAC 19A .0202(10) shall be made on forms 
provided by the Department for that purpose. No 
communicable disease report card shall be required. 
Effective September 1, 1994, anonymous testing 
shall be discontinued and all cases of confirmed 
HIV infection shall be reported in accordance with 
15A NCAC 19A .0102(a)(1) and (2). 

(4) In addition to the requirements of Subparagraphs 
(1) and (2) of this Paragraph, forms or electronic 



i 



( 



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APPROVED RULES 



formats provided by the Division of Epidemiology 
for collection of information necessary for disease 
control and documentation of clinical and 
epidemiologic information about the cases shall be 
completed and submitted for the reportable diseases 
and conditions identified in 15A NCAC 19A 
.0101(1), (4), (13), (20), (21), (22), (23), (24), 
(25), (26), (27), (28), (29), (31), (32), (33), (34), 
(35), (38), (39), (42), (43), (44), (49), (50), (52), 
(53), (54), (55), (56), and (59). 
(5) Communicable disease report cards, surveillance 
forms, and electronic formats are available from the 
Surveillance Unit, N.C. Division of Epidemiology, 
P.O. Box 29601, Raleigh, NC 27626-0601, (919) 
733-3419, and from local health departments. 

(b) Notwithstanding the time frames established in 15A 
NCAC 19A .0101 a restaurant or other food or drink 
establishment shall report all outbreaks or suspected 
outbreaks of foodbome illness in its customers or employees 
and all suspected cases of foodbome disease or foodbome 
condition in food-handlers at the establishment by telephone 
to the local health depanment within 24 hours in accordance 
with Subparagraph (a)(1) of this Rule. However, the 
establishment is not required to submit a report card or 
surveillance form pursuant to Subparagraphs (a)(2) and (a)(4) 
of this Rule. 

(c) For the purposes of reporting by restaurants and other 
food or drink establishments pursuant to G.S. 130A-138, the 
diseases and conditions to be reported shall be those listed in 
15A NCAC 19A .0101(3), (5), (8), (9), (12), (16), (21), 
(44), (45), (51), (54), (55), and (57). 

(d) Laboratories required to report test results pursuant to 
G.S. 130A-139 and 15A NCAC 19A .0101(c) shall repon as 
follows: 

(1) The results of the specified tests for syphilis and 
gonorrhea shall be reported to the local health 
department by the first and fifteenth of each month. 
Reports of the results of the specified tests for 
gonorrhea and syphilis shall include the specimen 
collection date, the patient's age, race, and sex, and 
the submitting physician's name, address, and 
telephone numbers. 

(2) Positive darkfield examinations for syphilis and 
STS titers of 1:16 and above shall be reported 
within 24 hours by telephone to the HIV/STD 
Control Branch at (919) 733-7301, or the HIV/STD 
Control Branch Regional Office where the 
laboratory is located. 

(3) With the exception of positive laboratory tests for 
human immunodeficiency vims, positive laboratory 
tests as defined in G.S. 130A-139(1) and 15A 
NCAC 19A .0101(c) shall be reported to the 
General Communicable Disease Control Section 
within the time periods specified for each 
reportable disease or condition in 15A NCAC 19A 
.0101(a). Confirmed positive laboratory tests for 
human immunodeficiency vims as defined in 15A 



NCAC 19A .0101(b) shall be reported to the 
HIV/STD Control Section within seven days of 
obtaining reportable test results. Reports shall 
include as much of the following information as the 
laboratory possesses: the specific name of the test 
performed; the source of the specimen; the 
collection date(s); the patient's name, age, race, 
and sex; and the submitting physician's name, 
address, and telephone number. 

History Note: Filed as a Temporary Amendment Ejf. 

December 16. 1994, for a period of 180 days or until the 

permanent rule becomes effective, whichever is sooner; 

Filed as a Temporary Rule Eff. February 1, 1988, for a 

period of 180 days to expire on July 29, 1988; 

Authority G.S. 130A-134; 130A-135; 130A-138; 130A-139; 

130A-141; 

Eff. March 1, 1988; 

Amended Eff. October 1, 1994; February 3, 1992; December 

1, 1991; May 1, 1991; 

Temporary Amendment Expired June 16, 1995; 

Amended Eff. August L 1998. 

SECTION .0200 - CONTROL MEASURES FOR 
COMMUNICABLE DISEASES 

.0201 CONTROL MEASURES - GENERAL 

(a) Except as provided in Rules .0202 - .0209 of this 
Section, the recommendations and guidelines for testing, 
diagnosis, treatment, follow-up, and prevention of 
transmission for each disease and condition specified by the 
American Public Health Association in its publication. 
Control of Communicable Diseases Manual shall be the 
required control measures. Control of Communicable 
Diseases Manual is hereby incorporated by reference 
including subsequent amendments and editions. Copies of 
this publication may be purchased from the American Public 
Health Association, Publication Sales Department, Post 
Office Box 753, Waldora, MD 20604 for a cost of twenty- 
two dollars ($22.00) each plus five dollars ($5.00) shipping 
and handling. A copy is available for inspection in the 
Communicable Disease Control Section, Cooper Memorial 
Health Building, 225 N. McDowell Street, Raleigh, North 
Carolina 27603-1382. 

(b) In interpreting and implementing the specific control 
measures adopted in Paragraph (a) of this Rule, and in 
devising control measures for outbreaks designated by the 
State Health Director and for communicable diseases and 
conditions for which a specific control measure is not 
provided by this Rule, the following principles shall be used: 

(1) control measures shall be those which can 
reasonably be expected to decrease the risk of 
transmission and which are consistent with recent 
scientific and public health information; 

(2) for diseases or conditions transmitted by the 
airbome route, the control measures shall require 
physical isolation for the duration of infectivity; 



12:11 



NORTH CAROLINA REGISTER 



December 1, 1997 



963 



APPROVED RULES 



(3) for diseases or conditions transmitted by the 
fecal-oral route, the control measures shall require 
exclusions from situations in which transmission 
can be reasonably expected to occur, such as work 
as a paid or voluntary food handler or attendance or 
work in a day care center for the duration of 
infectivity; 

(4) for diseases or conditions transmitted by sexual or 
the blood-borne route, control measures shall 
require prohibition of donation of blood, tissue, 
organs, or semen, needle-sharing, and sexual 
contact in a maimer likely to result in transmission 
for the duration of infectivity. 

(c) Persons with congenital rubella syndrome, 
tuberculosis, and carriers of Salmonella typhi and hepatitis B 
who change residence to a different local health department 
jurisdiction shall notif\' the local health director in both 
jurisdictions. 

(d) Isolation and quarantine orders for communicable 
diseases and communicable conditions for which control 
measures have been established shall require compliance with 
applicable control measures and shall state penalties for 
failure to comply. These isolation and quarantine orders may 
be no more restrictive than the applicable control measures. 

(e) An individual enrolled in an epidemiologic or clinical 
study shall not be required to meet the provisions of 15A 
NCAC 19A .0201 - .0209 which conflict with the study 
protocol if: 

(1) the protocol is approved for this purpose by the 
State Health Director because of the scientific and 
public health value of the study, and 

(2) the individual fully panicipates in and completes 
the study. 

History Note: Filed as a Temporary Rule Eff. February 1. 

1988. for a period of 180 days to expire on July 29. 1988; 

Authority G.S. 130A-135; 130A-144; 

Eff. March 1. 1988: 

Amended Eff. February 1. 1990: November 1. 1989: August 

1, 1988: 

Recodified Paragraphs (d). (e) to Rule .0202, Paragraph (i) 

to Rule .0203 Eff. June 11. 1991: 

Amended Eff. August L 1998: October 1. 1992; December 1, 

1991. 

.0203 CONTROL MEASURES - HEPATITIS B 

(a) The following are the control measures for hepatitis B 
infection. The infected persons shall: 

(1) refrain from sexual intercourse unless condoms are 
used except when the partner is known to be 
infected with or immune to hepatitis B; 

(2) not share needles or syringes; 

(3) not donate or sell blood, plasma, platelets, other 
blood products, semen, ova, tissues, organs, or 
breast milk; 

(4) if the time of initial infection is known, identify to 
the local health director all sexual intercourse and 



needle panners since the date of infection; and, if 
the date of initial infection is unknown, identify 
persons who have been sexual intercourse or needle 
panners during the previous six months; 

(5) for the duration of the infection, notify future 
sexual intercourse partners of the infection and 
refer them to their attending physician or the local 
health director for control measures; 

(6) be tested six months after diagnosis to determine if 
they are chronic carriers, annually for two years 
thereafter if they remain infected, and when 
necessary to determine appropriate control 
measures for persons exposed pursuant to 
Paragraph (b) of this Rule. 

(b) The following are the control measures for persons 
reasonably suspected of being exposed: 

(1) when a person has had sexual intercourse exposure 
to hepatitis B infection, the person shall be given 
hepatitis B immune globulin or immune globulin, 
0.06 ml/kg, IM as soon as possible but no later 
than two weeks after the last exposure; 

(2) when a person is a household contact, sexual 
intercourse or needle sharing contact of a person 
who has remained infected with hepatitis B for six 
months or longer, the partner or household contact, 
if susceptible and at risk of continued exposure, 
shall be vaccinated against hepatitis B; 

(3) when a health care worker or other person has a 
needlestick, non-intact skin, or mucous membrane 
exposure to blood or body fluids that, if the source 
were infected with the hepatitis B virus, would pose 
a significant risk of hepatitis B transmission, the 
following shall apply: 

(A) when the source is known, the source person 
shall be tested for hepatitis B infection, 
unless already known to be infected; 

(B) when the source is infected with hepatitis B 
and the exposed person is: 

(i) vaccinated, the exposed person shall 
be tested for anti-HBs. If anti-HBs is 
less than ten SRU by RIA or negative 
by EIA, the exposed person shall be 
given hepatitis B immune globulin, 
0.06 ml/kg, IM immediately and a 
single does of hepatitis B vaccine 
within seven days; 

(ii) not vaccinated, the exposed person 
shall be given hepatitis B immune 
globulin, 0.06 ml/kg, IM immediately 
and, if at high risk for future 
exposure, begin vaccination with 
hepatitis B vaccine within seven days; 

(C) when the source is unknown and the exposed 
person is: 

(i) vaccinated, no intervention is 

necessary; 
(ii) not vaccinated, begin vaccination with 



964 



NORTH CAROLINA REGISTER 



December 1, 1997 



12:11 



APPROVED RULES 



(4) 



hepatitis B vaccine within seven days 
if at high risk for future exposure, 
infants bom to infected mothers shall be given 
hepatitis B immune globulin, 0.5 ml, IM as soon as 
maternal infection is known and infant is stabilized; 
vaccinated against hepatitis B beginning as soon as 
possible; and tested for HBsAg at 12-15 months of 
age. 

(c) The attending physician shall advise all patients known 
to be at high risk, including injection drug users, men who 
have sex with men, hemodialysis patients, and patients who 
receive frequent transfusions of blood products, that they 
should be vaccinated against hepatitis B if susceptible. 

(d) The following persons shall be tested for hepatitis B 
infection: 

(1 ) pregnant women unless known to be infected; and 

(2) donors of blood, plasma, platelets, other blood 
products, semen, ova, tissues, or organs. 

(e) The attending physician of a child who is infected with 
hepatitis B virus and who may pose a significant risk of 
transmission in the school or day care setting because of 
open, oozing wounds or because of behavioral abnormalities 
such as biting shall notify the local health director. The local 
health director shall consult with the attending physician and 
investigate the circumstances. 

(0 If the child referred to in Paragraph (e) of this Rule is 
in school or scheduled for admission and the local health 
director determines that there may be a significant risk of 
transmission, the local health director shall consult with an 
interdisciplinary committee, which shall include school 
personnel, a medical expert, and the child's parent or 
guardian to assist in the investigation and determination of 
risk. The local health director shall notify the superintendent 
or private school director of the need to appoint such an 
interdisciplinary committee. If the superintendent or private 
school director establishes such a committee within three days 
of notification, the local health director shall consult with this 
committee. If the superintendent or private school director 
does not establish such a committee within three days of 
notification, the local health director shall establish such a 
committee. 

(g) If the child referred to in Paragraph (e) of this Rule is 
in school or scheduled for admission and the local health 
director determines, after consultation with the committee, 
that a significant risk of transmission exists, the local health 
director shall: 

(1) notify the parents; 
notify the committee; 

assist the committee in determining whether an 
adjustment can be made to the student's school 
program to eliminate significant risks of 
transmission; 

determine if an alternative educational setting is 
necessary to protect the public health; 
instruct the superintendent or private school 
director concerning appropriate protective measures 
to be implemented in the alternative educational 



(2) 
(3) 



(4) 



(5) 



setting developed by school personnel; and 
(6) consult with the superintendent or private school 
director to determine which school personnel 
directly involved with the child need to be notified 
of the hepatitis B virus infection in order to prevent 
transmission and ensure that these persons are 
instructed regarding the necessity for protecting 
confidentiality, 
(h) If the child referred to in Paragraph (e) of this Rule is 
in day care and the local health director determines that there 
is a significant risk of transmission, the local health director 
shall notify the parents that the child must be placed in an 
alternate child care setting that eliminates the significant risk 
of transmission. 

History Note: Authority G.S. 130A-135; 130A-144; 

EJf. February 1, 1990; 

Amended Ejf. October 1. 1990; 

Recodified from 15A NCAC 19A .0201(i) Eff. June 11, 1991; 

Amended Eff. Aug ust 7, 1998: October 1. 1994. 

.0205 CONTROL MEASURES - TUBERCULOSIS 

(a) The local health director shall promptly investigate all 
cases of tuberculosis disease and their contacts in accordance 
with the provisions of Control of Communicable Diseases 
Manual. Control of Communicable Diseases Manual is 
hereby incorporated by reference including subsequent 
amendments and editions. Copies of this publication may be 
purchased from the American Public Health Association, 
Publication Sales Department, Post Office Box 753, Waldora, 
MD 20604 for a cost of twenty -two dollars ($22.00) each 
plus five dollars ($5.00) shipping and handling. A copy is 
available for inspection in the Coimnunicable Disease Control 
Section, Cooper Memorial Health Building, 225 N. 
McDowell Street, Raleigh, North Carolina 27603-1382. 

(b) The following persons shall be skin tested for 
tuberculosis and given appropriate clinical, microbiologic and 
x-ray examination in accordance with the "Diagnostic 
Standards and Classification of Tuberculosis," published by 
the American Thoracic Society. The recommendations 
contained in this reference shall be the required control 
measures for evaluation, testing, and diagnosis for 
tuberculosis patients, contacts and suspects, except as 
otherwise provided in this Rule and are incorporated by 
reference including subsequent amendments and editions: 

(1) Household and other close contacts of active cases 
of pulmonary and laryngeal tuberculosis. If the 
initial skin test is negative (0-4mm), and the case is 
confirmed by culture, a repeat skin test shall be 
performed three months after the exposure has 
ended; 

(2) Persons reasonably suspected of having tuberculosis 
disease; 

(3) Inmates in the custody of, and staff with direct 
inmate contact in, the Department of Corrections 
upon incarceration or employment, and annually 
thereafter; 



12:11 



NORTH CAROLINA REGISTER 



December 1, 1997 



965 



APPROVED RULES 



(4) Patients and staff in long term care facilities upon 
admission or employment. The two-step skin test 
method shall be used if the individual has not had a 
documented tuberculin skin test within the 
preceding 12 months; 

(5) Staff in adult day care centers providing care for 
persons with HIV infection or AIDS upon 
employment. The two-step skm test method shall 
be used if the individual has not had a documented 
tuberculin skin test within the preceding 12 
months; 

(6) Persons with HIV infection or AIDS. 

A copy of "Diagnostic Standards and Classification of 
Tuberculosis" is available, at no charge, by contacting the 
Department of Environment, Health, and Natural Resources, 
Tuberculosis Control Branch, Post Office Box 29601, 
Raleigh, North Carolina 27626-0601. 

(c) Treatment and follow-up for tuberculosis infection or 
disease shall be in accordance with "Treatment of 
Tuberculosis and Tuberculosis Infection in Adults and 
Children," published by the American Thoracic Society. The 
recommendations contained in this reference shall be the 
required control measures for testing, treatment, and follow- 
up for tuberculosis patients, contacts and suspects, e.xcept as 
otherwise provided in this Rule and are incorporated by 
reference including subsequent amendments and editions. 
Copies of this publication are available, at no charge, by 
contacting the Department of Environment and Natural 
Resources, Tuberculosis Control Branch, Post Office Box 
29601, Raleigh, Nonh Carolina 27626-0601. 

(d) The attending physician or designee shall instruct all 
patients treated for tuberculosis regarding the potential side 
effects of the medications prescribed and to promptly notify 
the physician or designee if side effects occur. 

(e) Persons with active tuberculosis disease shall complete 
a standard drug regimen from "Treatment of Tuberculosis and 
Tuberculosis Infections in Adults and Children." 

(0 Persons with suspected or known active pulmonary or 
laryngeal tuberculosis are considered infectious and shall be 
managed using airborne precautions, including respiratory 
isolation, or quarantined in their home, with no new persons 
exposed, if: 

(1) They have sputum smears which are positive for 
acid fast bacilli; and 

(2) They have not received tuberculosis drug therapy 
or have just started therapy; and 

(3) They have no evidence of clinical response or have 
poor clinical response to therapy. 

(g) Persons with suspected or known active pulmonary or 
laryngeal tuberculosis are considered noninfectious and use of 
airborne precautions, including respiratory isolation, or 
quarantine in their home may be discontinued when: 

(1) They have three consecutive daily sputum smears 
which are negative; or 

(2) They have been compliant on tuberculosis 
medications to which the organism is judged to be 
susceptible, there is evidence of clinical 



improvement on the therapy, and the environment 
to which they are being released is such that 
transmission of tuberculosis organisms is unlikely. 

History Note: Authority G.S. 130A-135; 130A-144; 

Ejf. March 1. 1992; 

Amended Eff. Aug ust L J 998: October 1, 1994. 



TITLE 16 - DEPARTMENT OF PUBLIC 
EDUCATION 

CHAPTER 6 - ELEMENTARY AND 
SECONDARY EDUCATION 

SUBCHAPTER 6G - EDUCATION AGENCY 
RELATIONS 

SECTION .0300 - PERFORMANCE-BASED 
ACCOUNTABILITY PROGRAM 

.0309 SUSPENSION OF POWERS AND DUTIES OF 
SCHOOL BOARDS 

Before the SBE suspends any of the powers and duties of a 
local board of education pursuant to the provisions of G.S. 
1 15C-39(b) and G.S. 1 15C-105. 32(d), the SBE shall provide 
written notice to the local board of the reasons for which it is 
considering suspending those powers and duties. If the local 
board fails to remedy the reasons presented to it by the SBE 
within 60 days after receiving written notice, the SBE shall 
enter an order that incorporates the reasons for suspending the 
powers and duties, the efforts that the local board has made to 
remedy those reasons, and the period of time during which 
those powers and duties shall be suspended. Within the first 
45 days following the SBE's notification to the local board, 
the SBE shall provide the local board an opportunity to 
present a response in an attempt to reach agreement. 

Histor\- Note: Authority G.S. U5C-12(9)c4; 
Eff. November 1. 1997. 



TITLE 21 -OCCUPATIONAL LICENSING BOARDS 

CHAPTER 16 - BOARD OF DENTAL EXAMINERS 

SUBCHAPTER 161 - ANNUAL RENEWAL OF 
DENTAL HYGIENIST LICENSE 

.0001 APPLICATIONS 

An application form for a dental hygiene renewal certificate 
shall be adopted from time to time by the Board and shall be 
designed to obtain information that the Board deems 
necessary and requisite as required by law. A renewal 
application must be submitted to the Board's office on or 
before January 1 of each year. All applications submitted to 
the Board must be completed in full. 



i 



966 



NORTH CAROLINA REGISTER 



December 1, 1997 



12:11 



APPROVED RULES 



# 



History Note: Authority G.S. 90-227; 
Eff. Septembers, 1976; 
Readopted Eff. September 26, 1977; 
Amended Eff. August L 1998; May 1, 1989. 

SUBCHAPTER 16M - FEES PAYABLE 

.0003 PRIMARY SOURCE VERinCATION FEE 

All primary source verification requests must be in writing. 
Primary source verifications shall be provided in writing only 
for a fee of fifteen dollars ($15.00). 

History Note: Authority G.S. 1508-19(5); 
Eff. Aug ust I. 1998. 



I 



t 



12:11 NORTH CAROLINA REGISTER December 1, 1997 967 



RULES REVIEW COMMISSION 



RULES REVIEW COMMISSION MEMBERS 

Appointed by Senate Appointed by House 

Philip O. Redwine - Chairman Paul Powell - Vice Chairman 
Jim Funderburke Mark Garside 

Vemice B. Howard Steve Rader 

Teresa L. Small wood George Robinson 

David Twiddy Anita White 

RULES REVIEW COMMISSION MEETING DATES 

November 20, 1997 January 15, 1998 

December 18, 1997 February 19,1998 



The NC Rules Review Commission is considering adopting the following rule: 

RULE #10 
nLING RECEIPTS 

(a) \\Tien an agency files a permanent rule for which there is a temporary rule it shall obtain a dated and signed receipt from 
the RRC. 

(b) When an agency files any other permanent rule, it may obtain a dated and signed receipt from the RRC. 

(c) If the agency fails to obtain a receipt, the date of filing shall be considered the next 20th day of the month. 

Written comment may be submitted to: 

Joseph J. DeLuca, Jr., Staff Director 
NC Rules Review Commission 
1307 Glenwood Ave. #159 
Raleigh, NC 27605 

The deadline for submitting such comment is Monday, December 15, 1997. 

A public hearing on the above rule is tentatively scheduled at the conclusion of the November 20, 1997 Rules Review 
Commission meeting, convening at 10:00 a.m. 

Agency staff comment: 

According to N.C.G.S. 150B-21. 1(d)(5) a temporary rule expires 270 days after it was published in the North Carolina 
Register (NCR) unless the proposed permanent rule has been filed with the RRC. Recently some temporary rules have expired 
for failure to file the permanent rule on time. (Note that expiration of the temporary rule does not extinguish the permanent 
rulemaking. An agency may continue with its permanent rulemaking even though its temporary rule may have expired.) We 
have not normally noted the filing date with us of any rules; we simply accumulate them until the 20th of the month and then 
prepare the log for the following month. 

Staff has proposed that the commission adopt a rule requiring agencies to obtain a filing receipt when filing a permanent rule 
replacing a temporarv' rule and permitting them to obtain a receipt for any other rule filing. Please note that there has never 
been an issue of whether or not a rule was filed with us or when precisely it was filed. We would like to keep it that way. To 
that end we have proposed the above rule. 



f 



i 



968 NORTH CAROLINA REGISTER December I, 1997 12:11 



RULES REVIEW COMMISSION 



RULES REVIEW OBJECTIONS 



COMMERCE 



Credit Union Division 

4 NCAC 6C .0407 - Business Loans 
Agency Revised Rule 

DENTAL EXAMINERS 

21 NCAC 161 .0001 - Applications 

Agency Revised Rule 
21 NCAC 16M .0003 - Primary Source Verification Fee 

Agency Revised Rule 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 



RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



08/21/97 
09/18/97 



09/18/97 
10/16/97 
09/18/97 
10/16/97 



Coastal Resources Commission 

15A NCAC 7H .0208 - Use Standards 

Agency Revised Rule 
15A NCAC 7H .1204 - General Conditions 

Agency Revised Rule 

Health Services 

ISA NCAC 18A .1938 - Responsibilities 

ISA NCAC 18A .1958 - Non-Ground Absorption Sewage Treatment Systems 

Soil and Water Conservation 

ISA NCAC 6E .0104 - Best Management Practices Eligible for Cost Share Payments 
ISA NCAC 6E .0105 - Cost Share and Incentive Payments 

Water Pollution Controls Systems 

ISA NCAC 8F .0201 - Duties and Requirements of Owners 

No Response from Agency 
ISA NCAC 8F .0203 - Duties and Requirements of an Operator in Charge 

No Response from Agency 

HUMAN RESOURCES 



RRC Objection 


08/21/97 


Obj. Removed 


09/18/97 


RRC Objection 


08/21/97 


Obj. Removed 


09/18/97 


RRC Objection 


10/16/97 


RRC Objection 


10/16/97 


RRC Objection 


10/16/97 


RRC Objection 


10/16/97 


RRC Objection 


09/18/97 


Obj. Cont'd 


10/16/97 


RRC Objection 


09/18/97 


Obj. Cont'd 


10/16/97 



Facility Services 

10 NCAC 3D .2001 - Definitions 
10 NCAC 3D .2101 - Level I Trauma Center Criteria 
10 NCAC 3D .2102 - Level II Trauma Center Criteria 
Initial Designation Process 
Renewal Designation Process 



10 NCAC 3D .2105 
10 NCAC 3D .2106 
10 NCAC 3D .2201 
10 NCAC 3D .2303 



RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 



Denial, Probation, Vol. Wiihdrawal/Rev/Trauma Ctr Designation RRC Objection 
Regional Trauma System Policy Development RRC Objection 



10/16/97 
10/16/97 
10/16/97 
10/16/97 
10/16/97 
10/16/97 
10/16/97 



Medical Assistance 

10 NCAC 26B .0113 - NC Medicaid Criteria/Cont'd Acute Stay /Inpatient Psych. Facility 
Rule Withdrawn by Agency 



09/18/97 



Social Services Commission 

10 NCAC 42] .0005 - Funding for Medical Services 
Agency Revised Rule 

PUBLIC INSTRUCTION 

16 NCA C 6C . 0307 - Certificate Renewal RRC Objection 



RRC Objection 
Obj. Removed 



08/21/97 
09/18/97 



10/16/97 



12:11 



NORTH CAROLINA REGISTER 



December 1, 1997 



969 



RULES REVIEW COMMISSION 



16 iXCAC 6D .0103 - Graduation Requirements RRC Objection 10/16/97 

16 NCAC 6D .0301 - Testing Requirements and Opportunities RRC Objection 10/16/97 

16 NC.4C 6G .0305 - End-of-Course Tests RRC Objection 10/16/97 

16 NCAC 6G .0306 - Testing Code of Ethics RRC Objection 10/16/97 

16 NCAC 6G .0307 - Assistance Teams RRC Objection 10/16/97 

16 NCAC 6G .0308 - Due Process Protections RRC Objection 10/16/97 



( 



970 NORTH CAROLINA REGISTER December 1, 1997 12:11 



CONTESTED CASE DECISIONS 



$ 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions along with an 
index to all recent contested cases decisions which are filed under North Carolina 's Administrative Procedure Act. 
Copies of the decisions listed in the index and not published are available upon request for a minimal charge by 
contacting the Office of Administrative Hearings. (919) 733-2698. 



OmCE OF ADMEVISTRATIVE HEARINGS 

Chief Administrative Law Judge 
JULIAN MANN, III 

Senior Administrative Law Judge 
FRED G. MORRISON JR. 

ADMINISTRA TIVE LA W JUDGES 



Brenda B. Becton 
Sammie Chess Jr. 
Beecher R. Gray 



Meg Scott Phipps 

Robert Roosevelt Reilly Jr. 

Dolores O. Smith 



I 



I 



AGENCY 

AD\nNISTRATION 

E. Edward Gambill v. Department of Administration 

ALCOHOLIC BEVERAGE CONTROL CONCVHSSION 

Michael's Mini Mart v. Alcoholic Beverage Control Commission 
Everelte Craig Hornbuckle v. Alcoholic Beverage Control Commission 
Saleh Ahmed Ali Futhah v Alcoholic Beverage Control Commission 
Carolyn T. Ray v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Fast Fare. Inc. 
Alcoholic Beverage Control Commission v. Mendoza Enterprises. Inc. 
Paul Tyler IV Enterprises. Inc., Alpha Vinson T/A Mirrors (Sid's 

Showgirls) V. Alcoholic Beverage Control Commission 
and 

City of Goldsboro 
and 

Gurnan Khera 
Nasar Sader v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v Paradise Landing, Inc. 
OFFISS, Inc. V. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Altaf Hussain 
Alcoholic Beverage Control Commission v. Robert Johnson 
Alcoholic Beverage Control Commission v. Masonboro County Store. Inc 
Daniel Gary Ledbetter v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Raymond Lee 
Alcoholic Beverage Control Comm. v. Percy Daniel Bowen 
Alcoholic Beverage Control Commission v, Bridgette Dee Williams 
Alcoholic Beverage Control Commission v. Westside Tavern, Inc. 
Alcoholic Beverage Control Commission v. Grove Park Inn Resort. Inc. 
Alcoholic Beverage Control Commission v. Kimberly Loelte Hankins 

CORRECTION 

David M. Boone v. Correction. Div. of Prison Admin Remedy Procedure 

CRIME CONTROL AND PUBLIC SAFETY 

Delia Sherrod v. Crime Victims Compensation Commission 
Mary A. Kearney v. CPS, Victims Compensation Commission 
Mae Allen Murray v. Crime Victims Compensation Commission 
Beverly McLaughlin v. Crime Victims Compensation Commission 
Malcolm W. Fields v. Crime Victims Compensation Commission 
Rodney P Hodge v. Crime Victims Compensation Commission 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


97 DOA 0364 


Reilly 


09/10/97 




92 ABC 1601 


Gray 


08/18/97 




93 ABC 0987 


Gray 


08/18/97 




94 ABC 0264 


Gray 


08/18/97 




95 ABC 0429 


Gray 


09/23/97 




96 ABC 0483 


Morrison 


06/18/97 




96 ABC 1196 


Gray 


08/26/97 




96 ABC 1804 


Morrison 


09/29/97 





97 ABC 0030 


Phipps 


10/08/97 




97 ABC 0031 


Gray 


06/13/97 




97 ABC 01 18 


Gray 


09/17/97 




97 ABC 0312 


Mann 


07/29/97 




97 ABC 0321 


Gray 


08/25/97 




97 ABC 0432 


Reilly 


09/09/97 




97 ABC 0443 


Gray 


07/08/97 




97 ABC 0488 


Smith 


10/30/97 




97 ABC 0495 


Morrison 


09/24/97 




97 ABC 0576 


Phipps 


09/04/97 




97 ABC 0586 


Phipps 


09/17/97 




97 ABC 0706 


Morrison 


09/15/97 


2:07 NCR 609 


97 ABC 0897 


Gray 


10/06/97 




97 DOC 0534 


Morrison 


06/16/97 




96 CPS 0300 


Chess 


07/18/97 




96 CPS 2033 


Becton 


09/26/97 




96 CPS 21 10 


Chess 


10/31/97 




97 CPS 0170 


Phipps 


08/29/97 




97 CPS 0360 


Chess 


09/12/97 




97 CPS 0449 


Reilly 


07/01/97 





12:11 



NORTH CAROLINA REGISTER 



December I, 1997 



971 



CONTESTED CASE DECISIONS 



AGENCY 

Billy Sleep v. Crime Victims Compensation Commission 
Clifford R Pulley v. Crime Victims Compensation Commission 
Curtis Jermame Newkirk v. Crime Victims Compensation Commission 
Gregory Bynum v. Crime Victims Compensation Commission 
Lisa S. Snead v. Crime Victims Compensation Commission 
Robert T Blakeney v. Otfice of Administrative Hearings 

E>fVIRONMENT, HEALTH. AND NATURAL RESOURCES 

Herbert C. Avery v. Environment. Health, and Natural Resources 

Linda Collie v. Lenoir County Health Department 

Leroy Anderson v County of Moore Department of Health 

EH- Garner v New Hanover Health Department 

Peter D McDowell, Sr v. New Hanover Health Department 

Riggings Homeowners Assoc, Inc. v. Environment. Health. & Natural Res. 

John Ronald Taylor v. Environment. Health. & Natural Resources 

Rick Parker v. Pitt County Health Dept /Mr. Ernie Nichols 

James R. Melvin v. Environment and Natural Resources 

Lee A. Riggs v. Craven County Health Department 

Robert E, Cahoon v. Carteret County Health Department 

John Martin v. Environment, Health, and Natural Resources 

John Martin v. Environment. Health, and Natural Resources 

Gilbert T, Davis, Jr. v. Forsyth County Environmental Affairs Dept. 

Land Resources 

James H. Lowdermilk & J Wayne Lowdermilk v. EHNR. Land Res 

Charles G. Smith v, EHNR, Division of Land Resources 

Henry Yancey Ingram, II & Hope Fanning Ingram v, EHNR, Land Res. 

Environmental Management 

Henry G. Dail, Dail Brothers v, EHNR, Environmental Management 

Marine Fisheries 

John A Trahan v EHNR. Division of Marine Fisheries 

Maternal and Child Health 

Evan's Mini Mart v EHNR, Maternal & Child Health, Nutrition Svcs Sec. 

Solid Waste Management 

Loie J Priddy v Division of Solid Waste Management, EHNR 



CASE 




NUMBER 


ALT 


97 CPS 0472 


Morrison 


97 CPS 0523 


Gray 


97 CPS 0645 


Morrison 


97 CPS 0901 


Reilly 


97 CPS 1025 


Reilly 


97 CPS 1187 


Becton 


96EHR0161 


Chess 


96 EHR 0264 


Becton 


96EHR 1969 


Morrison 


96 EHR 1972 


Gray 


96 EHR 2075 


Gray 


97 EHR 0263 


Reilly 


97 EHR 0275 


Reilly 


97 EHR 0470 


Phipps 


97 EHR 0682 


Phipps 


97 EHR 0851 


Becton 


97 EHR 0878 


Becton 


97 EHR 0993*-' 


Phipps 


97 EHR 0994*=' 


Phipps 


97 EHR 1281 


Smith 


96 EHR 0745 


Gray 


96 EHR 0855 


Gray 


96 EHR 0908 


Gray 


96 EHR 2104 


Gray 


97 EHR 0400 


Chess 


97 EHR 0599 


Phipps 


96 EHR 1838 


Morrison 



DATE OF 
DECISION 

07/23/97 
08/06/97 
10/03/97 
10/16/97 
11/10/97 
11/07/97 



09/23/97 
07/16/97 
07/15/97 
08/07/97 
08/07/97 
08/13/97 
06/09/97 
07/01/97 
09/23/97 
10/02/97 
09/30/97 
10/13/97 
10/13/97 
11/10/97 



10/30/97 
10/30/97 
10/30/97 



08/27/97 



10/30/97 



07/14/97 



06/20/97 



PUBLISHED DECISION 
REGISTER CITATION 



12:03 NCR 223 



{ 



12:02 NCR 103 



Water Quality 

Castle Hayne Steering Committee v EHNR, Division of Water Quality 96 EHR 1731 

and 
New Hanover County Water and Sewer District 

RAYCO Utilities, Inc., Briarwood WWTP v, EHNR. Div of Water Quality 97 EHR 0018 
RAYCO Utilities, Inc., Greystone Forrest W%TP v EHNR, Water Quality 97 EHR 0412 
RAYCO Utilities. Inc . Melbille Heights MHP 97 EHR 0643* 

and 
RAYCO Utilities. Inc.. Penman Heights MHP v, EHNR, Water Quality 
RAYCO Utilities, Inc., Melbille Heights MHP 97 EHR 0644* 

and 
R,AYCO Utilities. Inc. Penman Heights MHP v. EHNR. Water Quality 



Mann 



Chess 
Smith 
Smith 



Smith 



06/30/97 



09/12/97 
10/29/97 
10/29/97 



10/29/97 



HLnVLAN RESOmCES 

Sampson Health Care Facilities Inc. v, Dept. of Health cS: Human Services 

John & Veronica Spearman v. Department of Human Resources 

New Beginnings Christian Academy v. Department of Human Resources 

Cindy G Geho v, Oft~ice of Administrative Hearings, R. Marcus Lodge 

Helen Wyman v. Department of Human Resources 

DeRothea G. Williams d/'b/a Dee Williams & Company, a proprietorship v 

Buncombe County Partnership for Children, Inc., a NC Nonprofit Corp.; 

NC Department of Human Resources [Division of Child Development], 

NC Department of Environment, Health, and iNatural Resources [Division 

of Maternal and Child Health] 
Lorraine M, Monroe v. Department of Human Resources 97 

Linda Rouse Sharp v Department of Human Resources 97 

Ocelee Gibson v Department of Human Resources 97 

Larry Patton v. Department of Human Resources 97 

Rita Faircloth v. Department of Human Resources 97 



Division of Child Development 

New Hanover Cly. Comm, Action v. DHR, Division of Child Development 97 DHR 0921 

Cindy G. Geho v. Human Resources, Division of Child Development 



96 DHR 0535 


Reilly 


11/06/97 


96 DHR 1543 


Chess 


09/12/97 


96 DHR 1925 


Reilly 


08/22/97 


97 DHR 0286 


Chess 


07/23/97 


97 DHR 0407 


Reilly 


08/08/97 


97 DHR 0424 


Morrison 


09/22/97 



DHR 0540 


Gray 


10/30/97 


DHR 0610 


Mann 


08/28/97 


DHR 0658 


Reilly 


07/22/97 


DHR 0829 


Phipps 


10/17/97 


DHR 0900 


Reilly 


08/15/97 


DHR 0921 


Phipps 


09/10/97 


DHR 0966 


Phipps 


08/29/97 



972 



NORTH CAROLINA REGISTER 



December I, 1997 



12:11 



CONTESTED CASE DECISIONS 



i 



I 



AGENCY 

Division of Facility Services 

Ava McKinney v, DHR, Division of Facility Services 

Mercy Egbuleonu v. DHR. Facility Svcs. Health Care Personnel Reg, Sec 

Mercy Egbuleonu v. Human Resources, Division of Facility Services 

Kizzie Cooper v DHR. Facility Svcs. Health Care Personnel Registry Sec. 

Maggie J. Barnhill v. DHR. Facility Svcs. Health Care Pers. Reg, Sec, 

Emma Faison v, DHR. Division of Facility Services 

Eugene Donald Caldwell v, DHR. Division of Facility Services 

Patricia Addison v, DHR. Facility Svcs. Health Care Personnel Reg, Sec, 

Selena Louise Holley v, DHR. Facility Svcs. Health Care PersI, Reg, Sec, 

Shirley Ebron v. DHR. Facility Svcs. Health Care Pers, Reg, Sec. 

Claudia K, Thomerson v. DHR. Facility Svcs. Health Care Pers, Reg, Sec, 

Janice Ann McClinton v, DHR. Facility Svcs. Health Care Pers. Reg. Sec. 

Michelle R. Griffin v, DHR. Facility Svcs, Health Care Pers. Reg. Sec. 

Deborah L. McBurnie v. DHR. Facility Svcs. Health Care Pers Reg. Sec. 

Kelly M. Poole v DHR. Facility Svcs. Health Care Pers. Reg Sec. 

Debbie Williams v. DHR. Fac. Svcs.. Health Care Pers. Reg. Sec. 

Therese Victoria Wilson v. DHR. Fac Svcs. Health Care Pers. Reg. Sec. 

Notisha Utiey v. DHR. Fac. Svcs. Health Care Pers Reg. Sec. 

Helen T. Shokoti v. Human Resources. Division of Facility Services 

Jeri L. Anderson v. Human Resources. Division of Facility Services 

Susie A. Milsap v. DHR. Facility Svcs, Health Care Pers. Reg. Sec. 

Glenda Christine Taylor v DHR. Facility Svcs. Health Care Pers. Reg. Sec 

Maple Heights Rest Home. Inc v DHR. Division of Facility Services 

Lisa Bullard v. DHR. Facility Svcs, Health Care Pers. Reg. Sec. 

Angela D. Johnson v. DHR. Facility Svcs. Health Care Pers. Reg Sec. 

Cressie D. Mears v. DHR. Division of Facility Services 

Marie Emma Wimbush v. DHR. Facility Svcs. Health Care Pers. Reg. Sec. 

Himmeler Desvarieux v. DHR. Fac. Svcs. Health Care Pers. Reg. Sec. 

Tamara Green v. DHR. Fac. Svcs. Health Care Pers Reg Sec. 

Jean Rossman v. DHR. Facility Svcs. Health Care Pers. Reg. Sec. 

Brenda Faye Harris v. DHR. Facility Svcs, Health Care Pers. Reg. Sec. 

Lorena Barbour v. DHR. Facility Svcs. Health Care Pers. Reg. Sec. 

Vitina Cockrane v. DHR. Facility Svcs. Health Care Pers Reg Sec. 

Mary Susan McLean v. DHR. Fac. Svcs. Health Care Pers. Reg. Sec. 

Doris J. Daniels v. DHR, Fac. Svcs. Health Care Pers. Reg, Sec. 

Robin Leigh Robinson v. DHR. Facility Svcs. Health Care Pers. Reg. Sec. 



Cenificate of Need Section 
Carolina Imaging. Inc/Fayeiteville v. DHR, Facility Svcs. Cert/Need Sec. 96 DHR 1570 

and 
Cumberland Cty Hospital System. Inc.. d/b/a Cape Fear Valley Med. Ctr 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


96 DHR 2061 


Chess 


07/08/97 




97 DHR 0172 


Becton 


07/16/97 




97 DHR 0450 


Gray 


09/02/97 




97 DHR 0459 


Phipps 


06/09/97 




97 DHR 0465 


Gray 


07/30/97 




97 DHR 0471 


Gray 


07/15/97 




97 DHR 0480 


Gray 


10/10/97 




97 DHR 0521 


Mann 


07/25/97 




97 DHR 0524 


Phipps 


08/28/97 




97 DHR 0528 


Gray 


10/02/97 




97 DHR 0551 


Chess 


07/15/97 




97 DHR 0558 


Creech 


10/17/97 




97 DHR 0559 


Gray 


07/30/97 




97 DHR 0608 


Chess 


09/02/97 




97 DHR 0629 


Chess 


09/02/97 




97 DHR 0630 


Gray 


10/01/97 




97 DHR 0632 


Phipps 


08/25/97 




97 DHR 0646 


Phipps 


09/26/97 




97 DHR 0653 


Chess 


08/20/97 




97 DHR 0659 


Gray 


08/19/97 




97 DHR 0667 


Phipps 


08/25/97 




97 DHR 0681 


Gray 


08/29/97 




97 DHR 0717 


Reilly 


10/16/97 




97 DHR 0721 


Chess 


10/09/97 




97 DHR 0723 


Chess 


08/06/97 




97 DHR 0793 


Chess 


08/21/97 




97 DHR 0797 


Phipps 


08/25/97 




97 DHR 0818 


Gray 


10/24/97 




97 DHR 0824 


Becton 


09/29/97 




97 DHR 0908 


Smith 


09/02/97 




97 DHR 0938 


Morrison 


10/03/97 




97 DHR 0999 


Phipps 


09/11/97 




97 DHR 1066 


Chess 


10/15/97 




97 DHR 1091 


Morrison 


10/21/97 




97 DHR 1126 


Gray 


10/27/97 




97 DHR 1169 


Phipps 


10/31/97 




96 DHR 1570 


Phipps 


06/24/97 


12:02 NCR 95 



Group Licensure Section 
Jeffreys Family Care #2 v. DHR, Facility Svcs. Group Licensure Section 

Division of Medical Assistance 

Dilladys Renee Stover v DHR. Division of Medical Assistance 
Bettye Parson/Tambra Parson v. DHR. Div. of Medical Assistance 
Robert D. & Ronda M. Staton v. DHR. Div. of Medical Assistance 



97 DHR 0259 


Mann 


06/17/97 


97 DHR 0560 


Mann 


09/16/97 


97 DHR 0656 


Becton 


08/12/97 


97 DHR 0660 


Smith 


09/05/97 



Division of Social Services 



I 



Child Support Enforcement Section 
Onle P Sprinkle v Guilford Child Support Agency. Human Resources 
Steven Van Linker v. Department of Human Resources 
Michael R. Bryant v Department of Human Resources 
David Lee Chamblee Jr. v Department of Human Resources 
John W. Scott V. Department of Human Resources 
Michael T Swann v. Department of Human Resources 
Ted Wayne Lamb v Department of Human Resources 
Jeffrey Grainger v. Department of Human Resources 
Tollie Woods V Department of Human Resources 
Fred Edward Stafford v. Department of Human Resources 
David N. Jarrett v. Department of Human Resources 
Warren S, Olson v. Department of Human Resources 
Stanley A, Watson v. Department of Human Resources 
Michael A, Isom v. Department of Human Resources 
Rafael L. Garcia v. Department of Human Resources 
Justin M- Woazeah. Sr. v. Department of Human Resources 
Johnny R. Holden v. Department of Human Resources 
Calvin F. Mizelle v. Department of Human Resources 
Tommy Lee Clark v. Department of Human Resources 
Ander L, Garfield v. Department of Human Resources 



96CRA1171 


Gray 


08/13/97 


96CRA 1250*- 


Becton 


07/11/97 


96CRA 1252 


Phipps 


08/11/97 


96CRA 1281 


Morrison 


06/16/97 


96CRA 1287 


Becton 


10/09/97 


96CRA 1326 


Chess 


06/04/97 


96CRA1359 


Gray 


07/10/97 


96 CRA 1376 


Reilly 


08/14/97 


96CRA 1348*' 


Morrison 


08/04/97 


96 CRA 1407*'" 


Reilly 


08/21/97 


96 CRA 1438 


Morrison 


07/10/97 


96 CRA 1440 


Phipps 


09/09/97 


96 CRA 1448*" 


Reilly 


08/21/97 


96 CRA 1450 


Becton 


07/11/97 


96 CRA 1451 


Becton 


09/11/97 


96 CRA 1452*' 


Chess 


07/22/97 


96 CRA 1463 


Mann 


10/16/97 


96 CRA 1476 


Chess 


07/07/97 


96 CRA 1477 


Phipps 


08/13/97 


96 CRA 1479*' 


Morrison 


07/15/97 



12:11 



NORTH CAROLINA REGISTER 



December 1, 1997 



973 



CONTESTED CASE DECISIONS 



AGENCY 

Clarence O. Rains v, Deparimeni of Human Resources 

Jeremy Baker v Deparimeni of Human Resources 

Hal C Morgan, Jr. v. Department of Human Resources 

Paul S- Cloninger v. Department of Human Resources 

Edward Siuieville v. Department of Human Resources 

Tony Peterson, Jr. v. Department of Human Resources 

Lee G Sanders Jr. v Department of Human Resources 

David Fralzer v Department of Human Resources 

David Fraizer v Department of Human Resources 

David Hobson v. Department of Human Resources 

John T. Spidell v. Department of Human Resources 

Robert M, Starling, Sr v Department of Human Resources 

David Scott Jordan v. Department of Human Resources 

Lee R Jones v. Department of Human Resources 

Cecil Hall v. Department of Human Resources 

Neil G. McGilberry v. Department of Human Resources 

William E. Daley Jr. v Wake County Child Support Enforcement 

Dennis Larson v. Department of Human Resources 

Eric L. Harrington v Department of Human Resources 

Paul F. Gangemi, Sr. v. Department of Human Resources 

Scoit M. Rodriguez v. Department of Human Resources 

James Withers v. Department of Human Resources 

Evalina R. 0\endine v. Department of Human Resources 

Phillip R Banner v. Department of Human Resources 

Brian K Norfleet v. Craven County Child Support Office 

Richard H. Reist v Department of Human Resources 

Patrick Orlando Crump v Department of Human Resources 

Ronald L- Hadley v Department of Human Resources 

Garland M. Jessup v. Guilford County Child Support Enforcement 

Anthony LeMar HI v Department of Human Resources 

Michael A Norman v Department of Human Resources 

Waller Hawk v. Deparimeni of Human Resources 

Johnny Lewis Fields v Deparimeni of Human Resources 

Roger G. Foster v Department of Human Resources 

Charlie T. Smith v. Deparimeni of Human Resources 

Joseph Davis v. Department of Human Resources 

Joseph Michael Eubanks v. Deparimeni of Human Resources 

Vonzell Barker v. Department of Human Resources 

Charles F. King v. Department of Human Resources 

AC. Nash V Deparimeni of Human Resources 

Ronald Alton Neal v Department of Human Resources 

Kenneth A. Ingle v. Department of Human Resources 

Norman L. Gatewood v. Deparimeni of Human Resources 

Lane Bolton v. Department of Human Resources 

Monty G Co,\ v. Randolph County Child Support Enforcement Agency 

Steven Van Linker v. Department of Human Resources 

Barry Tukes Sr. v C.S E. 

Monty G Co.x v. Randolph County Child Support Enforcement .Agency 

Harriet Tolson v. Department of Human Resources 

John W. Scott V. Deparimeni of Human Resources 

Edgar C. Lewis, Jr. v. Department of Human Resources 

Willie L. Berry v. Department of Human Resources 

Tony Orlando Steele v Department of Human Resources 

Carl Locklear v. Deparimeni of Human Resources 

Tollie Woods v. Department of Human Resources 

James Earl McLellan v Department of Human Resources 

Charles L Raynor v Department of Human Resources 

Robert Walker v. Intercept Tax Refunds 

Chris M. Wilson v. Department of Human Resources 

Fred Edward Stafford v. Department of Human Resources 

Richard K. Blisard v. Department of Human Resources 

Stanley A- Watson v. Department of Human Resources 

Justin M. Woazeah. Sr. v Department of Human Resources 

William A. Underbill v. Department of Human Resources 

AlmironJ. Deis v. Deparimeni of Human Resources 

Jeremy Baker v. Department of Human Resources 

Alfred Clinton Springs v Department of Human Resources 

Ander L. Garfield v. Department of Human Resources 

Ulysses Harris v. Nash County Child Support Office and Human Resources 

Edward Stuteville v. Department of Human Resources 



CASE 




DATE OF 


PUBLISHED DECISION 


NLIMBER 


AU 


DECISION 


REGISTER CITATION 


96 CRA 1482 


Reilly 


08/21/97 




96CRA1.191*=° 


Smith 


09/05/97 




96 CRA 1500 


Smith 


09/05/97 




96 CRA 1502 


Becton 


09/11/97 




96 CRA 1507*" 


Mann 


08/13/97 




96 CRA 1513 


Gray 


10/02/97 




96 CRA 1515 


Reilly 


09/11/97 




96 CRA 1519*'° 


Chess 


07/18/97 




96 CRA 1520*'" 


Chess 


07/18/97 




96 CRA 1522*" 


Phipps 


07/24/97 




96 CRA 1567 


Smith 


09/05/97 




96 CRA 1598*^ 


Chess 


11/03/97 




96 CRA 1673 


Reilly 


07/18/97 




96 CRA 1720*-' 


Phipps 


07/10/97 




96 CRA 1749** 


Mann 


07/10/97 




96 CRA 1767*' 


Becton 


07/15/97 




96 CRA 1789 


Reilly 


09/25/97 




96 CR.'\ 1793 


Chess 


06/17/97 




96 CRA 1794 


Mann 


07/19/97 




96 CRA 1809 


Gray 


08/13/97 




96 CRA 1818'' 


Gray 


06/25/97 




96 CRA 1820 


Reilly 


07/24/97 




96CR.A1825 


Gray 


09/10/97 




96 CRA 1826*-' 


Gray 


09/24/97 




96 CRA 1846 


Phipps 


10/02/97 




96 CRA 1859 


Reilly 


10/21/97 




96 CRA 1866*" 


Gray 


08/18/97 




96 CRA 1892 


Reilly 


07/18/97 




96 CRA 1898 


Becton 


07/11/97 




96 CRA 1905 


Smith 


09/05/97 




96 CRA 1915 


Gray 


09/24/97 




96 CRA 1943 


Phipps 


08/13/97 




96 CRA 2085*- 


Smith 


10/02/97 




97 CRA 0043 


Phipps 


06/19/97 




97 CR.A 0280 


Reilly 


06/16/97 




97 CRA 0436*'' 


Phipps 


08/11/97 




97 CRA 0477 


Reilly 


07/18/97 




97 CRA 0620 


Becton 


08/12/97 




97 CRA 0720 


Reilly 


07/30/97 




97 CRA 0788 


Gray 


09/10/97 




97 CRA 1020 


Becton 


10/23/97 




97 CRA 1714 


Chess 


09/25/97 




96 CSE 0484 


Chess 


09/23/97 




96 CSE 1220 


Reilly 


08/21/97 




96 CSE 1235*" 


Becton 


08/12/97 




96 CSE 1249*' 


Becton 


07/11/97 




96 CSE 1277 


Mann 


07/01/97 




96 CSE 1278*"" 


Becton 


08/12/97 




96 CSE 1280 


Reilly 


08/21/97 




96 CSE 1286 


Becton 


10/09/97 




96 CSE 1299 


Mann 


08/20/97 




96 CSE 1319 


Gray 


06/25/97 




96 CSE 1337 


Mann 


06/30/97 




96 CSE 1338 


Mann 


07/07/97 




96 CSE 1340*" 


Morrison 


08/04/97 




96 CSE 1358 


Mann 


10/16/97 




96 CSE 1382 


Becton 


07/11/97 




96 CSE 1384 


Morrison 


07/24/97 




96 CSE 1403 


Morrison 


09/25/97 




96 CSE 1406*'" 


Reilly 


08/21/97 




96 CSE 1446 


Mann 


10/22/97 




96 CSE 1449*" 


Reilly 


08/21/97 




96 CSE 1453*' 


Chess 


07/22/97 




96 CSE 1455 


Mann 


07/18/97 




96 CSE 1456 


Gray 


06/25/97 




96 CSE 1460*-° 


Smith 


09/05/97 




96 CSE 1473 


Reilly 


08/21/97 




96 CSE 1480*- 


Morrison 


07/15/97 




96 CSE 1488 


Becton 


10/14/97 




96 CSE 1508*" 


Mann 


08/13/97 





Consolidated Cases. 



974 



NORTH CAROLINA REGISTER 



December 1, 1997 



12:11 



CONTESTED CASE DECISIONS 



# 



I 



I 



AGENCY 

Gerald A. Jones v. Department of Human Resources 

David Hobson v. Department of Human Resources 

Gregory D. Simpson v. Department of Human Resources 

Carl E. Coffey v. Department of Human Resources 

Donald Ray Archie v. Department of Human Resources 

John T. Spidell v. Department of Human Resources 

John W. Liverman v. Department of Human Resources 

John H- Hale, Jr. v. Department of Human Resources 

Vincent L. Martin v. Department of Human Resources 

Harlie Leonard Hardison v. Department of Human Resources 

Alton Washington v. DHR and Robeson County Child Support Enf. Agcy, 

Robert M. Starling, Sr. v. Department of Human Resources 

David Fraizer v. Department of Human Resources 

Golet Holloway, Jr. v Department of Human Resources 

Jeffrey Pierce v. Department of Human Resources 

Patriclc Orlando Crump v. Department of Human Resources 

Crystal Lynn Manring-Robertson v. Forsyth County CSE. DSS & DHR 

William C Rivera v. Department of Human Resources 

David L. Smith v. DHR, DSS, CSE and Sampson County CSE 

Lenora McCracken v. Department of Human Resources 

Donald Lee Rodgers Sr. v. Rowan County CSE. DHR. DSS. CSE 

Derrick Sturdivant v. Department of Human Resources 

Clyde Williams v, DHR, DSS, CSE, and Pitt County CSE 

Lee R. Jones v. Department of Human Resources 

Cecil Hall v. Department of Human Resources 

Gregory Melton v. Department of Human Resources 

Neil G. McGilberry v. Department of Human Resources 

Devin J. Bello v. Department of Human Resources 

Phillip R. Banner v. Department of Human Resources 

Scott M. Rodriguez v. Department of Human Resources 

James Withers v. Department of Human Resources 

David M. Greene v. Buncombe County CSE and DHR. DSS. CSE 

Jarmarle Arnold v. Department of Human Resources 

Sean Heitz v. Department of Human Resources 

Nathan S. Lockhart Sr. v. Department of Human Resources 

Scott James Petrill v. Department of Human Resources 

Daniel E. Carpenter v. Department of Human Resources 

Daniel D. Morse v. Department of Human Resources 

Daryl E. Shankle v. Child Support Enforcement Agency 

Jeffrey William Strama v. Department of Human Resources 

Joseph Fernandez v. Department of Human Resources 

Johnny Lewis Fields v. Department of Human Resources 

Alfred Covington v. DHR. DSS. CSE and Burke County CSE 

Tommy L. Hines Sr. v. Forsyth County Child Support Enforcement 

Kelvin Cherry v. DHR. DSS. CSE. Durham Cty CSE and Wake Cly CSE 

Irvan Jemal Fontenot v. Department of Human Resources 

Pearl ie Blakney v. Department of Human Resources 

Leroy Grooms v. Department of Human Resources 

Sarah Chambers v. Department of Human Resources 

Leroy Grooms v. Department of Human Resources 

Pedro Baltazar Jocobo v. Department of Human Resources 

Theodore McCleese v. Department of Human Resources 

Gertru Jefferson Ward v. Department of Human Resources 

James Allen Harris v. Department of Human Resources 

John C Henderson v. Department of Human Resources 

William A. Rogers v. Department of Human Resources 

Mark R. Kearney v. Department of Human Resources 

Michael J. Powell v. Department of Human Resources 

Joseph Davis v. Department of Human Resources 

James G. Davis v. Department of Human Resources 

Randy Gavurnik v. Department of Human Resources 

Curtis Leon Mock v. Department of Human Resources 

Daniel E. Carpenter v. Department of Human Resources 

Juan L. Allen v. Department of Human Resources 

Donald Mac Tipton v. Department of Human Resources 

Guy R. Auger v. Brunswick County Child Support Enforcement 

Andrew J. Hough v. Department of Human Resources 

Michael V. Dockery v. Department of Human Resources 

William Irving Commodore v. Department of Human Resources 

David F. Norman v. Department of Human Resources 

Richmond P. Lambert IH v. Department of Human Resources 

Carvin Ray Burris v. Department of Human Resources 

Mar F. Jones v. Department of Human Resources 

Denis J. Quinn v. Department of Human Resources 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


96 CSE 1512 


Becton 


09/11/97 




96 CSE 1521*" 


Phipps 


07/24/97 




96 CSE 1527 


Reilly 


06/25/97 




96 CSE 1528 


Reilly 


09/24/97 




96 CSE 1558 


Becton 


07/11/97 




96 CSE 1566 


Smith 


09/05/97 




96 CSE 1568 


Becton 


07/11/97 




96 CSE 1573 


Mann 


10/22/97 




96 CSE 1574 


Gray 


08/04/97 




96 CSE 1578 


Becton 


08/25/97 




96 CSE 1597 


Becton 


10/13/97 




96 CSE 1605*-' 


Chess 


11/03/97 




96 CSE 1610*'° 


Chess 


07/18/97 




96 CSE 1611 


Becton 


07/11/97 




96 CSE 1613 


Mann 


06/30/97 




96 CSE 1614*'-' 


Gray 


08/18/97 




96 CSE 1619 


Becton 


10/13/97 




96 CSE 1622 


Mann 


06/18/97 




96 CSE 1639 


Becton 


10/13/97 




96 CSE 1644 


Mann 


06/30/97 




96 CSE 1667 


Becton 


10/13/97 




96 CSE 1672 


Chess 


10/09/97 




96 CSE 1688 


Becton 


10/13/97 




96 CSE 1719*" 


Phipps 


07/10/97 




96 CSE 1750** 


Mann 


07/10/97 




96 CSE 1764 


Morrison 


09/17/97 




96 CSE 1766*' 


Becton 


07/15/97 




96 CSE 1774 


Phipps 


07/16/97 




96 CSE 1802*-' 


Gray 


09/24/97 




96 CSE 1817*' 


Gray 


06/25/97 




96 CSE 1821 


Reilly 


08/21/97 




96 CSE 1844 


Becton 


10/06/97 




96 CSE 1853 


Becton 


10/14/97 




96 CSE 1909 


Chess 


07/22/97 




96 CSE 1910 


Phipps 


07/16/97 




96 CSE 1914 


Morrison 


07/30/97 




96 CSE 1917*' = 


Phipps 


07/25/97 




96 CSE 1942 


Chess 


08/19/97 




96 CSE 1977 


Becton 


07/11/97 




96 CSE 2043 


Becton 


07/11/97 




96 CSE 2066 


Chess 


08/21/97 




96 CSE 2084*" 


Smith 


10/02/97 




96 CSE 2086 


Becton 


10/06/97 




97 CSE 0015 


Reilly 


07/18/97 




97 CSE 0027 


Becton 


10/13/97 




97 CSE 0223 


Becton 


07/11/97 




97 CSE 0254 


Phipps 


07/24/97 




97 CSE 0258*' 


Becton 


07/18/97 




97 CSE 0278 


Morrison 


06/16/97 




97 CSE 0297*' 


Becton 


07/18/97 




97 CSE 0339 


Mann 


10/22/97 




97 CSE 0353 


Morrison 


08/05/97 




97 CSE 0381 


Chess 


08/22/97 




97 CSE 0401 


Mann 


10/16/97 




97 CSE 0408 


Smith 


09/05/97 




97 CSE 0410 


Gray 


06/25/97 




97 CSE 0417 


Reilly 


08/07/97 




97 CSE 0418 


Becton 


08/12/97 




97 CSE 0435*" 


Phipps 


08/11/97 




97 CSE 0448 


Gray 


07/28/97 




97 CSE 0454 


Morrison 


08/04/97 




97 CSE 0490 


Mann 


06/17/97 




97 CSE 0501*' = 


Phipps 


07/25/97 




97 CSE 0550 


Smith 


09/05/97 




97 CSE 0564 


Gray 


09/15/97 




97 CSE 0600 


Morrison 


07/18/97 




97 CSE 0615 


Reilly 


08/21/97 




97 CSE 0642 


Mann 


10/03/97 




97 CSE 0671 


Mann 


10/03/97 




97 CSE 0672 


Gray 


07/28/97 




97 CSE 0712 


Morrison 


10/06/97 




97 CSE 0751 


Becton 


09/11/97 




97 CSE 0777 


Phipps 


08/28/97 




97 CSE 0794 


Reilly 


09/24/97 





12:11 



NORTH CAROLINA REGISTER 



December 1, 1997 



975 



CONTESTED CASE DECISIONS 



AGENCY 

Franklin DeAngelo Siaien v Depanmeni of Human Resources 
Nathaniel D Caner v Depanmeni ot Human Resources 
Dennis W Glowers v Depanmeni of Human Resources 
Daniel J McDowell v Depanmeni of Human Resources 
Enrico Phineas Acher v Depanmeni of Human Resources 
Roger Waldren v. Depanmeni of Human Resources 
Randy Allen Vore v Depanmeni of Human Resources 
Waller McNeil v. Depanmeni of Human Resources 
David Hobson v. Depanmeni of Human Resources 
Jerry Whitley v, Mecklenburg County Child Support Enforcement 
Linda Wade-Hargrove v Department of Human Resources 
Regina C. Sullivan v Depanmeni of Human Resources 
Teri Lynne Lanier v. Department of Human Resources 
Kairina T- Johnson v. Depanmeni of Human Resources 
Clarisa Carter Watson v. Department of Human Resources 



INSl'R.A>CE 

Joseph J Peacock ■ 



Department of Insurance 



JL'STICE 

Barbara Caner Irons v DHR. Division of Facility Services 

Paul Harvey Taylor v. Department of Justice. Company Police Program 

Christopher Michael Lynn v Company Police Program 

Imran Ramnarine v. Department of Justice. Company Police Program 

Alarm Systems Licensing Board 

Kim Brian Phelps v. Alarm Systems Licensing Board 
Daniel Joseph Dunne. Ill v. Alarm Systems Licensing Board 

Education and Training Standards Division 

Charles Thomas Ohnmacht. Jr. v. CrimI Justice Ed Training Stds. Comm. 

Jon Randolph O'Dell v Criml. Justice Ed. Training Stds, Comm. 

James Haywood Mathews. Jr. v. Criml. Justice Ed. Training Stds Comm. 

Christopher Lee v. Criminal Justice Ed & Training Standards Comm 

Steven Wayne Olsen v. Criminal Justice Ed & Training Standards Comm. 

Garfield Duncan Whiiaker v Criminal Justice Ed. & Training Stds Comm, 

Joseph Lonnie Wesson v. Criminal Justice Ed. & Training Standards Comm 

Frank Arlander Hearne v, Criml. Justice Ed. & Training Stds, Comm. 

Audrey McDonald Rodgers v. Sheriffs' Ed. & Training Stds. Comm. 

Gerald S Wingaie v Sheriffs' Ed. & Training Stds Comm 

William Malcolm Mourino v Sheriffs' Ed. & Training Sids Comm. 

Derrick W. Bowens v. Sheriffs' Education & Training Siandards Comm. 

Joseph Ray Davis v Sheriffs' Ed. & Training Stds. Comm. 

William Wayne McDowell v. Sheriffs' Education & Training Sids. Comm. 

Private Protective Services Board 
Private Protective Services Board v. Phillip L. Hanson 
Ronald .Anthony Bobeck v. Private Protective Services Board 
Joseph D White v Private Protective Services Board 
Harry A House v. Private Protective Services Board 
Earl Thomas Wilson v Private Protecii\e Serv ices Board 
Paiii Jones v. Private Protective Services Board 
John Stokes. Jr. v. Private Protective Services Board 

PUBLIC INSTRUCTION 

Nicholas Eirschele. by his parents. Charles & Kathy Eirschele v Craven 

County Board of Education 
Karen L Holgersen v Department of Public Instruction 
Meridith Kirkpatrick. by her parent. Susan Kirkpairick and Meridiih 

Kirkpatrick, Individually v. Lenoir County Board of Education 
Brian .Allen Hoffman v Department of Public Instruction 
Alexander & Linda Brody &. their son, James Brody v Dare County 

Public Schools 
Brenda Joyce Brooks Lovely v. State Board of Education 
John G. Schaenman v Slate Board of Education 
Norman D Crotis v State Board of Education 

Paul W Bonham v Stale Board of Education. Depl. of Public Insiruction 
Fred W Crawford n v Charlotte/Mecklenburg Board of Education 
Walter R. Bennett v. State Board of Education 
Julius O, Webb v. Hertford County Board of Education 
H, Margaret Willetts v. Department of Public Instruction 
Karen Clark Ceccato v Department of Public Instruction 
Carl Smith Herman v. Slate Board of Education 



CASE 




DATE OF 


PUBLISHED DECISION 


NT-MBER 


AU 


DECISION 


REGISTER CITATION 


97 CSE 0822 


Morrison 


11/06/97 




97CSE0931 


Smiih 


09/25,'97 




97 CSE 0944 


Beclon 


09/11/97 




97 CSE 0984 


Morrison 


09/10/97 




97 CSE 0990 


Reilly 


11, '05/97 




97 CSE 1042 


Chess 


10/13/97 




97 CSE 1071 


Mann 


10,07/97 




97 CSE 1324 


Becion 


09/11/97 




97 CSE 1747*" 


Phipps 


07/24/97 




97 CSE 2037 


Reilly 


08/21/97 




97 DCS 0365 


Beclon 


07/11/97 




97 DCS 0482 


Beclon 


07/18/97 




97 DCS 0738 


Smith 


09/05/97 




97 DCS 0856 


Beclon 


09/24/97 




97 DCS 0909 


Gray 


10/02/97 




96 LNS 0433 


Becion 


07/25,'97 


12:04 NCR 327 


97 DOJ 0669 


Phipps 


08/27/97 


12:06 NCR 501 


97 DOJ 0916 


Reilly 


10.'03,97 




97 DOJ 1120 


Chess 


10/22/97 




97 DOJ 2071 


Becion 


06/11/97 




96 DOJ 1785 


Gray 


08'08/97 




97 DOJ 0868 


Phipps 


09,' 12/97 




96 DOJ 0353 


Phipps 


06/13/97 




96 DOJ 1466 


Phipps 


09/16/97 




96 DOJ 1957 


Reilly 


07/31/97 




97 DOJ 0076 


Morrison 


06/19/97 




97 DOJ 0077 


Phipps 


08/21/97 




97 DOJ 0121 


Phipps 


1 1 '04/97 




97 DOJ 0136 


Reilly 


08'26/97 




97 DOJ 0137 


Reilly 


06/10/97 




97 DOJ 0308 


Reilly 


07/31, '97 




97 DOJ 0428 


Gray 


10/09/97 




97 DOJ 0430 


Phipps 


09/16/97 




97 DOJ 0661 


Smith 


08/29/97 




97 DOJ 0747 


Gray 


10/02/97 




97 DOJ 0817 


Morrison 


08/22/97 




96 DOJ 0795 


Smith 


06/05/97 




97 DOJ 0476 


Morrison 


06/20/97 




97 DOJ 0724 


Gray 


10/06/97 




97 DOJ 0727 


Phipps 


09/11/97 




97 DOJ 0996 


Gray 


10/06/97 




97 DOJ 1195 


Reilly 


11/03/97 




97 DOJ 1196 


Reilly 


11/03/97 




96 EDC 0655 


Mann 


09/02/97 




96 EDC 0808 


Smith 


05/27/97 




96 EDC 0979 


Overby 


06/02/97 




96 EDC 1013 


Gray 


10/24/97 




96 EDC 1095 


Creech 


08/25/97 


12:07 NCR 581 


97 EDC 0089 


Morrison 


08/01/97 




97 EDC 0095 


Morrison 


10/07/97 




97 EDC 01 17 


Reilly 


09/23/97 




97 EDC 0343 


Smith 


10/28/97 




97 EDC 0345 


Smith 


10/21/97 




97 EDC 0657 


Smith 


09,'29,'97 




97 EDC 0736 


Gray 


09/09/97 




97 EDC 0978 


Phipps 


10/29/97 




97 EDC 0989 


Smith 


09/16/97 




97 EDC 1050 


Beclon 


10/27/97 





{ 



{ 



i 



976 



NORTH CAROLINA REGISTER 



December 1, 1997 



12:11 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



i 



I 



STATE PERSONNEL 

Brunswick Community College 

Dr. Donald W. Skinner v. Brunswick Community College 

Correction 

Rodney Jones, Paula Hawkins, James McKoy v. Depi. of Correction 
Rodney Jones, Paula Hawkins. James McKoy v. Dept. of Correction 
Rodney Jones. Paula Hawkins. James McKoy v Dept. of Correction 
Larry Wayne Pruitt. Jr. v. Department of Correction 
William Hershel Bradley v. Franklin Freeman. Supt. Mark Hugfies. 

Grant Spicer. Asst. Supt Wade Hatley. et al. Department of Correction 
Dennis Harrell v. Department of Correction 
Ray Evans Joyner v. Correction. Div. of Adult Probation/Parole 
Morton Floyd v. New Hanover Department of Correction 
William G. Jordan v. Department of Correction 

William A. Rich v. Dennis Rowland (Asst Supt.) Wake Corr. Ctr DOC 
Torie M. Osborne v. Department of Correction 
Lonnie F. McCaskill. Ill v. Department of Correction 
William E McCaskill v Department of Correction 
Andrew Pinto v. Department of Correction 
Ronald M. Johnson v Emp. Rel. Comm.. DOC (Morrison Youth Inst.) 

Crime Control and Public Safety 

Timothy M. Lassiter v. Crime Control & Public Safety, St. Hwy Patrol 
Carroll E. Ward v State Highway Patrol 

Employment Security Commission 

Broxie J, Nelson v. Employment Security Commission 

Mary H. Ranson v. Employment Security Commission 

Environment, Health, and Natural Resources 

James Fred Swain v. Environment. Health, and Natural Resources 
James S. Kantor v. Environment. Health, and Natural Resources 

Human Resources 

Betty J Souther v New River Area MH/DD/SA Program 

Willie D. Parks v. Cherry Hospital. Department of Human Resources 

Robert Tilson Morley v. Department of Human Resources 

Glen Sutton v. Cumberland County Department of Social Services 

Brenda C. Burgess v. Dept of Human Resources (Broughlon Hospital) 

Pamela Massey v Department of Human Resources 

Clifton Dean Hill v. Department of Human Resources 

Bennie Allen Suttle v. Department of Human Resources 

Calvin E Kaiser v. Southeastern Mental Health Center 

Sandra Riley v. Onslow County Department of Social Services 

Vicky Angel Morgan v. Buncombe County Department of Social Services 

Rick A. Sanders v Department of Health and Human Services 

Troy Gaines v. Durham County Mental Health Department 

Edward Percell Eason v Department of Human Resources 

Lisha Dawn Byrd v. Human Resources (Western Carolina Center) 

Richard G. Sleeves v. Scotland County Board of Health 

Antonio A. Archibeque v Barbara D Whitley. Dir. Stanly County DSS 

DHR. Deaf& Hard of Hearing CNCSD. Evonne Broadna.x v DHR. 

Deaf & Hard of Hearing CNCSD 
Richard G. Steeves v. Scotland County Board of Health & Scotland County 
Julia R, Baker v. Union County Department of Social Services 



Public Instruction 

Frances Phillips Melott 



. Department of Public Instruction 



I 



Transportation 

Tommie R. Jones. Samuel W. Winstead. Timothy C Sturges. Michael J. 

Boone, and Ronnie Batchelor v. Dept. of Transportation. Div of Motor 

Vehicles. Enforcement Section 
Tommie R. Jones. Samuel W. Winstead. Timothy C. Sturges. Michael J. 

Boone, and Ronnie Batchelor v. Dept. of Transportation. Div. of Motor 

Vehicles. Enforcement Section 
Tommie R. Jones. Samuel W. Winstead. Timothy C Sturges. Michael J. 

Boone, and Ronnie Batchelor v Dept. of Transportation. Div. of Motor 

Vehicles. Enforcement Section 
Georgia B. Warren v Dept of Transportation. Div. of Motor Vehicles. 

Enforcement Section 
Tommie R Jones. Samuel W. Winstead. Timothy C. Sturges. Michael J. 



97OSP0310 


Phipps 


96 0SP 1051*" 


Phipps 


%OSP 1119*'' 


Phipps 


96 0SP 1120*" 


Phipps 


96 0SP 1133 


Gray 


96 OSP 1604 


Phipps 


96 OSP 2039 


Chess 


97 OSP 0100 


Becton 


97 OSP 0152 


Gray 


97 OSP 0469 


Morrison 


97 OSP 0542 


Gray 


97 OSP 0601 


Smith 


97 OSP 0761 


Gray 


97 OSP 0770 


Becton 


97 OSP 0873 


Becton 


97 OSP 0940 


Gray 


97 OSP 0423 


Phipps 


97 OSP 0750 


Mann 


96 OSP 0378 


Becton 


97 OSP 0387 


Mann 


96 OSP 0440 


Gray 


96 OSP 0633 


Smith 


94 OSP 0327 


Becton 


96 OSP 0617 


Phipps 


96 OSP 0969 


Gray 


96 OSP 1296 


Gray 


96 OSP 1485 


Phipps 


96 OSP 1927 


Becton 


97 OSP 0007 


Phipps 


97 OSP 0069 


Reilly 


97 OSP 0073 


Gray 


97 OSP 02 17 


Reilly 


97 OSP 0283 


Becton 


97 OSP 0307 


Reilly 


97 OSP 0347 


Mann 


97 OSP 0363 


Gray 


97 OSP 0491 


Morrison 


97 OSP 0622*=' 


Phipps 


97 OSP 0663 


Smith 


97 OSP 0756 


Becton 


97 OSP 0760*-' 


Phipps 


97 OSP 0783 


Gray 


95 OSP 0907 


Trawick 


96 OSP 0781*=' 


Phipps 


96 OSP 0782*=" 


Phipps 


96 OSP 0783*-'' 


Phipps 


96 OSP 0784*" 


Phipps 


96 OSP 0785*=' 


Phipps 



06/12/97 



08/20/97 
08/20/97 
08/20/97 
08/11/97 
06/19/97 

06/18/97 
09/18/97 
06/13/97 
10/31/97 
09/02/97 
10/27/97 
10/02/97 
09/26/97 
10/31/97 
10/02/97 



10/29/97 
09/16/97 



07/10/97 
07/24/97 



10/02/97 
09/30/97 



10/20/97 
09/10/97 
08/21/97 
07/17/97 
10/13/97 
08/28/97 
06/20/97 
09/30/97 
08/08/97 
10/14/97 
10/02/97 
10/16/97 
08/05/97 
08/15/97 
08/28/97 
10/21/97 
09/02/97 
09/03/97 

10/21/97 
10/13/97 



06/09/97 

11/13/97 

11/13/97 

11/13/97 

11/13/97 
11/13/97 



11:12 NCR 987 



12:09 NCR 851 
12:09 NCR 854 



12:06 NCR 497 
12:02 NCR 107 



11:12 NCR 979 

11:12 NCR 979 

11:12 NCR 979 

11:12 NCR 979 

11:12 NCR 979 



12:11 



NORTH CAROLINA REGISTER 



December 1, 1997 



977 



L,ui\it,:iit.u c/ii/s ut,ci:iiui\:i 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Boone, and Ronnie Batchelor v Depi of Transporotion. Div of Motor 

Vehicles. Enforcemenl Section 
Tommie R Jones, Samuel W. Winstead, Timothy C Slurges. Michael J- 

Boone. and Ronnie Batchelor v Depi- of Transportation, Div of Motor 

Vehicles. Enforcement Section 
Wendell L Webb v Department of Transportation. Ferry Division 
Wendell L. Webb v Department of Transportation. Ferry Division 
Frank A, Tice. ID v. Department of Transportation 

University of North Carolina 

Boyd S Taylor v NC Central University 

Diane Riggsbec-Raynor v, UNC at Chapel Hill 

Helen Mclntyre v UNC-TV University of North Carolina 

Elaine P Browne v. Winston-Salem State University 

Carol Glosson v University of NC Hospitals at Chapel Hill 

Theresa Rogers v. University of NC Hospitals at Chapel Hill 

Ann O, Meares v NC Stale University 

Darrell J, Hampton v. NC Central University 

Clinton A. Browne v, NC A&T State University 

Kenneth L. Jarman v. East Carolina University 

William A Covington v NC A&T State University 

BeiJi W Vinson v. Western Carolina University 

Helen Mclntyre v UNC-TV University of North Carolina 

Helen Mclntyre v UNC-TV University of North Carolina 

E. Julius Carter v UNC-Greensboro 



SECRETARY OF STATE 

Greenway Capital Corp & Slacey Lee Davis v. Securities Div. Sec'y/State 94 SOS 0097 
Teresa M. Coltrain v Secretary of State 



STATE TREASURER 

Shelby H Underwood, eial. v. Trustees Teachers/St Emp Ret. Sys 
Richard Albert Jose v State Treasurer Retirement Systems Div. 



TRANSPORTATION 

Audrey W. Harris v Transportation, MansonAVheat Contr.. & Wake Elec, 97 DOT 0566 



96 OS? 0786*=° 


Phipps 


96 0SP 1710*" 


Phipps 


97OSP0198*'-' 


Phipps 


97 OSP 0380 


Mann 


94 OSP 0363 


Chess 


96 OSP 0326 


Chess 


96 OSP 0822 


Gray 


96 OSP 1007 


Reilly 


96 OSP 1015 


Becton 


96 OSP 1065 


Morrison 


96 OSP 1870 


Chess 


97 OSP 0155 


Mann 


97 OSP 0199 


Phipps 


97 OSP 0249 


Gray 


97 OSP 0686 


Becton 


97 OSP 0762 


Phipps 


97 OSP 0991 


Gray 


97 OSP 1148 


Gray 


97 OSP 1202 


Phipps 


94 SOS 0097 


Gray 


97 SOS 0499 


Reilly 


96 DST 0390 


Reilly 


97DST0281 


Reilly 



UNIVERSITY OF NORTH CAROLINA 

Clinton S- Rogers v. UNC-Chapel Hill 



97 UNC 1062 



Gray 



Becton 



11/13/97 



10/31/97 
10/31/97 
09/05/97 



09/12/97 
06/04/97 
09/26/97 
09/24/97 
10/08/97 
10/23/97 
09/22/97 
08/11/97 
09/18/97 
09/26/97 
08/29/97 
10/10/97 
09/26/97 
10/16/97 
11/05/97 



10/28/97 
10/22/97 



08/05/97 
10/02/97 



07/28/96 



10/31/97 



11:12 NCR 979 



f 



12:01 NCR 39 



12:10 NCR 914 



i 



{ 



978 



NORTH CAROLINA REGISTER 



December 1, 1997 



12:11 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF WAKE 



IN THE OFFICE OF 
ADMINISTRATIVE HEARINGS 

96 OSP 0781 - 0786 



TOMMIE R. JONTS, SAMUEL W. WINSTEAD, TIMOTHY ) 
C. STURGES, MICHAEL J. BOONE, and RONTVIE ) 
BATCHELOR, ) 

Petitioner, ) 96 OSP 0781 

) 96 OSP 0782 

V. ) 96 OSP 0783 

) 96 OSP 0785 
N.C. DEPARTMENT OF TRANSPORTATION, DIVISION ) 96 OSP 0786 
OF MOTOR VEHICLES ENFORCEMENT SECTION, ) 

Respondent. ) 


GEORGIA B. WARREN, ) 
Petitioner, ) 

V. ) 96 OSP 0784 

N.C. DEPARTMENT OF TRANSPORTATION, DIVISION ) 
OF MOTOR VEHICLES ENFORCEMENT SECTION, ) 



This matter was heard before Administrative Law Judge Meg Scott Phipps in Raleigh, North Carolina on July 31, 
August 1, 11 and 12, 1997. Petitioner, Georgia Warren, was present and represented herself. Petitioners, Tommie R. Jones, 
Samuel W. Winstead, Timothy C. Sturges, Michael J. Boone, and Ronnie Batchelor, were present and represented by Ms. Janet 
I. Pueschel, Attorney at Law. Respondent was present and represented by Mr. C. Norman Young, Assistant Attorney General 
with the N. C. Department of Justice. 

MOTION TO RECONSIDER MOTION TO DISMISS 

At the call of the case and at the end of the presentation of evidence. Respondent renewed its Motion to Reconsider the 
Denial of Respondent's Motion to Dismiss for lack of jurisdiction for failure to timely file the petitions. This motion had 
previously been denied by Chief Judge Julian Mann on June 1 1, 1997 who, after reviewing the exhibits and the pleadings, did 
affirm former Administrative Law Judge Thomas R. West's Order Denying Respondent's Motion to Dismiss on August 7, 
1996. After hearing the arguments of counsel and reviewing the exhibits, the undersigned concluded that both Judge West's and 
Chief Judge Mann's Orders should be affirmed. Therefore, the Respondent's Motion to Reconsider is DENIED." See also, 25 
NCAC IJ .0506 (employee has the option to pursue the internal grievance procedure if discrimination is alleged); 

BURDEN OF PROOF 

The parties stipulated that the Petitioners had the burden of proof by a preponderance of the evidence. 

ISSUE 

Whether the reallocation upward of a non-vacant position with an increase in pay above the minimum constituted a 
denial of promotion by the Respondent due to political discrimination in violation of G.S. §126-36 and whether the Respondent 
failed to post a vacancy for a Vehicle Enforcement Officer II as provided in G.S. §126-7.1. 

Based upon the pleadings, the testimony of witnesses, and the exhibits, the undersigned makes the following: 



For the official record, evidence on the Petitioners' appeal process was taken during the contested case hearing. 



12:11 



NORTH CAROLINA REGISTER 



December 1, 1997 



979 



CONTESTED CASE DECISIONS 



{ 



FINDINGS OF FACT 

1. The Petitioners bring this contested case to challenge the promotion of Russell Taylor and the upgrading of his 
position as a Vehicle Enforcement Officer I (VEO I) to a VEO II Sergeant's position and for the failure to post the position as a ■ 
vacancy. All of the Petitioners are VEO Is at the Halifax Weigh Station. ' 

Petitioners 

2. Tommie R. Jones is a Vehicle Enforcement Officer I (VEO I) in the Motor Safely Unit stationed at the Halifax 
Weigh Station. He has an A.S. degree in Criminal Justice from Nash Community College. He is certified as a law enforcement 
officer by the Sheriff Training and Education Standards Commission and the Criminal Justice Training and Education Standards 
Commission. He has advanced certifications in law enforcement functions. He served in the military and with the Franklin 
County Sheriffs Department. He has been with DMV since 1991, has not been promoted or demoted, and has received average 
to above average evaluations. He has been a registered Republican since 1986. He has been active in the pany by serving as 
precinct chairman, poll worker, and has put up signs. Also, he has contributed approximately S500.00 to the Republican 
Party. He has not denied his party affiliation when asked. He earns approximately 525,000.00 annually. 

3. Timoihv C. Sturges has been with DMV since 1991 as a VEO I and earns approximately 523,500.00. He has not 
been promoted or demoted. Mr. Sturges is a Vietnam veteran where he served as a security policeman over nuclear weapons; 
he supervised 25 employees. He obtained a GED and started courses at Wayne Community College in Forestry and 
Construction. He completed his basic law enforcement training ("BLET") at the Salem Justice Academy. He worked with the 
Enfield Police Department and the Halifax Sheriffs Department. Mr. Sturges is a registered Democrat but is not active. He 
does not always vote Democratic. 

4. Samuel Winstead has been a VEO I with DMV since 1988. He has a BA in History from Atlantic Christian 
(Barton) College. He served with the Rocky Mount Police Department, attended Commercial Vehicle Safety Alliance School, 
and has had numerous training courses since he has been in law enforcement. He has received no promotions nor demotions. 
His evaluations have been above average or outstanding. He is a registered Democrat in Nash County but is not politically 
active. ^ 

5. Michael J. Boone is a VEO I stationed at the Halifax Weigh Station since 1992. He earns approximately 
$26,000.00 and has received no promotions or demotions or disciplinary actions. Prior to coming with DMV, he served in the 
Marine Corp. for six years where he was assigned to nuclear weapon security for two years. He received an Associate Degree 
from Edgecombe Community College in law enforcement. He is a certified law enforcement officer. Mr. Boone has served 
with the Seaboard Coastline as a policeman, Firestone Tire & Rubber in security. Rocky Mount Police Department, and the 
Nash Coimty Sheriffs Department. He has been a registered Democrat in Nash County since 1993. Mr. Boone has not always 
been a Democrat and has never been involved in political activities other than making a political contribution in 1992. 

6. Ronnie Batchelor is a VEO I with the Division of Motor Vehicles stationed at the Halifax Weigh Station. He is 
presently a Motor Carrier Officer but also does weight enforcement. He earns approximately 524,200.00 and has been a VEO I 
since 1987. Prior to this position, he has been a Rocky Mount police officer, an Edgecombe County deputy sheriff, and served 
in law enforcement in New York. He is certified in various law enforcement functions. He has over 700 hours of in-service 
training and has participated in special assignments such as assisting the State Highway Patrol. He is registered to vote as a 
Democrat in Nash County but does not participate in political activities and has made no contributions. 

7. Georgia B. Warren is a VEO I with DMV stationed at Halifax Weigh Station. She is a certified police officer. 
Prior to coming with DMV, she had no law enforcement experience; however, she had twelve years of trucking experience with 
Weyerhaeuser and an oil company. She has attended Motor Carrier Auditor School and the Commercial Vehicle Safety Alliance 
School. She has completed three years at Atlantic Christian (Barton) College and has one year remaining to obtain a degree in 
Criminal Justice. In her work at DMV, she has received two letters of accommodation and one outstanding performance 
accommodation for her assistance with Hurricane Andrew. Mrs. Warren has been a registered Republican in Nash County for 
nine years. Although she is not politically active, she has not hid the fact that she is a Republican. 

The VEO 11 Position 

8. Lt. Kenneth Meeks and others testified that Position #71316, which is at issue in this case, was originally a VEO 
II position. Sometime in 1993 when the position became vacant, an understanding existed among the VEO Is to allow the 



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CONTESTED CASE DECISIONS 



senior VEO I to apply for it. Even two out-of-district applicants withdrew their names from consideration which left only the 
VEO I with the most seniority. Rather than fill the position with the senior VEO I employee, position #71316 was downgraded 
to a VEO I. Lt. Meeks testified that he needed more VEO lis or Sergeants at the time and he had recommended that the senior 
officer be hired. 

9. Russell Taylor was hired into position #71316 in February 1994. While Russell Taylor was in the VEO I position, 
the decision was made to upgrade it to a VEO II position in February 1996. The VEO II has the rank of Sergeant and has 
supervisory duties over the VEO Is. Generally, positions are reallocated if the managers show there is a need for the position or 
the person in the position is doing the work of that type of position. On the PD-1 18 Position Action Form, the explanation 
was given that the position was being reallocated up "due to change in job duties and responsibilities based on workload." In 
this case, Russell Taylor was not doing the VEO II Sergeant duties although other VEO Is were and there was no evidence that 
Taylor's workload and duties had increased. There was testimony from Lt. Meeks that his staff was overworked; however, 
there was no evidence that any specific request had been made for a Sergeant's position by DMV Enforcement management. 

Russell Taylor and Position #71316 

10. As stated, position #71316 was a VEO I position in the Fall of 1993. Russell Taylor submitted a DOT 
application in September 1993. He was 24 years old. Prior to submitting his application, he had worked for: 1) Coastal 
Lumber Company for six months, 2) Mike Neal & Associates for one year appraising timber, 3) Carroll Foods for three 
months, and 4) DOT in highway maintenance for four to five months. Mr. Taylor had received an A.S. degree from Wayne 
Community College in Forestry in 1991. In January 1994, Mr. Taylor was notified that he was the successful applicant for the 
position. Although there was evidence contending that Mr. Taylor was not qualified for the VEO I position when hired, this is 
not at issue in this contested case. 

1 1 . When Officer Taylor began working at the Halifax Weigh Station in February 1994, 

he was not a certified law enforcement officer. His starting salary as a trainee was approximately S19,856.00. He finally 
received his BLET training and was issued a probationary certification by the Criminal Justice and Education Training Standards 
Commission in August 1994. Pending cenification. Officer Taylor could not wear a uniform and could not "go on the road" or 
issue citations. Primarily he stayed in the office and did paperwork. This was not an uncommon practice for people who were 
hired but not previously certified. In February 1995, Petitioner was placed on permanent status as a state employee. His salary 
increased from 519,586.00 to $21,906.00 

12. Officer Taylor applied for a Law Enforcement Officer I (LEO I) or Inspector position during the latter part of 
1995. The LEO I position is considered a promotion by VEO Is and lis. Taylor was notified in early 1996 that he did not get 
the position. He did not qualify for the position due to a lack of education and experience. 

13. Thomas "Sonny Boy" Joyner is the great uncle of Russell Taylor. Mr. Joyner is a life long active Democrat. He 
was chairman of the Northhampton County Democratic Party for 45 years and has contributed to Governor James B. Hunt's 
campaigns. He has referred people for private and public sector jobs over the years. He has talked with Linda McDougal in the 
Governor's Personnel Office about recommendations for people. Officer Taylor testified that he spoke to Mr. Joyner about the 
VEO I position and asked for his help. He also spoke to Mr. Joyner when he applied for the LEO I position. Mr. Joyner 
testified that he remembered recommending Russell Taylor for the LEO I position. When Taylor did not get the Inspector 
position, Mr. Joyner called Mr. Robert S. ("Sid") Boyette, Persormel Director for DMV, and told him that "if he had anything 
that he could put him in, he would appreciate it." He did not ask specifically for the VEO II Sergeant's position. 

14. Sid Boyette became the Special Assistant to DMV's Personnel Director in April 1993. In August 1993, he became 
the Director of Personnel. Mr. Boyette testified that in 1994, DMV Director Alexander Killians, Col. A. L. Felton, and Lt. 
Col. Reggie Smith made the hiring decisions. He stated that the paperwork usually came from Col. Felton or Lt. Col. Smith. 
Mr. Boyette testified that he has never met Russell Taylor; however, he did state that Sonny Boy Joyner had been a friend of his 
for thirty years." ' The recommendation to hire Taylor came from Mr. Joyner; however, he stated that he himself did not make 
the recommendation to hire Taylor. 



Although not a finding of fact substantial enough to support a conclusion of law , it is interesting to note that Sid Bo\ette 
testified that he lived on Gov. Hunt Road m Lucama, North Carolina. 



12:11 NORTH CAROLINA REGISTER December 1, 1997 981 



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15. As stated, Sonn\' Boy Joyner did call Sid Boyette to recommend Taylor for the LEO I position. When Taylor was 
not hired due to a lack of experience, Mr. Joyner called Boyette. It was clear to Boyette that Mr. Joyner was "hurt and 
embarrassed." Mr. Boyette told Mr. Joyner that he would look into it. He contacted Col. Felton. Mr. Boyette testified that he 
recommended that Taylor's position be upgraded because there was no vacant position. In Boyette's opinion, Taylor was 
minimally qualified for the VEO 11 position. Mr. Taylor believed he was minimally qualified. Most of the other witnesses did 
not. Because Ta\lor had 24 months with DMV, he was given 6 months credit for his degree in Forestry so that he could meet 
the 30 month minimum requirement for the VEO II position. Mr. Boyette testified that if it "is justified, you can get around a 
promotion if its done through a reallocation." 

16. Col. A. L. Felton, Director of DMV Enforcement testified that he did not make any hiring decisions; further, he 
stated that all hiring decisions came from DMV Commissioner Alexander Killians. Col. Felton also testified that to his 
knowledge the only requirement for a VEO I was to be BLET (Basic Law Enforcement Training) cenified and that Mr. Taylor 
could not have been hired without it. Later in his testimony he acknowledged that experience in regulatory or investigatory 
work was a requirement. He was told by Lt. Col. Reggie Smith that Taylor had wildlife experience. He also stated that he did 
not have the authority to set salarv- and that function was handled by Lt. Col. Smith. Col. Felton made it clear that he did not 
promote Russell Ta\lor to VEO II but that the position was upgraded. He stated that this kind of thing had been done before 
but that he personally had never done it. Col. Felton stated that he disagreed with the reallocation. 

17. Lt. Col. Reggie Smith was the Deputy Director under Col. Felton. In his position, he was responsible for 
personnel matters and acted as a liaison between Mr. Boyette's office and Col. Felton. He stated that he was the "paper 
shuffler." Lt. Col. Smith testified that professionally he did not know why the VEO I position was upgraded to a VEO II. He 
stated that personalh'. he had an opinion. He believes that it was done because Col. Felton was instructed to do it. He stated 
that "[W]e were told by Boyette to upgrade it." He further testified that normally when a position is upgraded, it is vacant. He 
was strongh' against the upgrade and refused to sign the PD-105 (a personnel form) on it. Lt. Col. Smith did not believe that 
Taylor was qualified for the VEO II position. 

18. Linda McDougal has been the Director of Persormel for the Governor's Office since February 1996. She testified 
that anyone who calls her office for a Governor's referral receives one and anyone can call to make a recommendation on 
someone else's behalf. The office does not make recommendations but people are advised that they have to be qualified for the 
position for which they have applied. Her office does not have time to review qualifications. Her staff takes the name, the 
address, and the position and then sends a referral form to the specific agency. Her staff does not say: "You have to hire this 
person." They also do not review campaign contributions prior to making referrals. She testified that she has never had that 
information. Ms. McDougal further testified that many times, agency management does not know who made the 
recommendation to the Go\emor's Office. Further, she noted misuse of the referral system by some agency management. 
When they did not want to hire internally, management would tell an employee that they had to hire a Governor's referral. Ms. 
McDougal testified that she spends time counseling management when she hears that an applicant has been advised that a 
Governor's referral is necessary to get a job. 

19. Ms. McDougal testified about Russell Taylor's referral file maintained at her office. In 1993, Taylor was initially 
interested in the State Highway Patrol. He sent in an application. An acknowledgment letter was sent out and a referral form 
was sent to the Highway Patrol. In August 1994, he was referred for a VEO I position. In January 1996, there was a general 
referral for all positions in all divisions. Ms. McDougal was not aware of Russell Taylor until the Ne^vs and Obsener 
newspaper wrote a story on political patronage. A reporter called her and Sonny Boy Joyner called her. She testified that she 
knows Sonny Bo\' Joyner and her staff have made referrals for him. 

20. Lt. Col. Smith testified that it was a violation of Promotion Policy V.D. to reallocate Taylor to the VEO II 
position. He also testified that in 1993 or early 1994, a new requirement was put in place that all applicants had to be BLET 
certified prior to employment. Mr. Taylor had not met this requirement. 

21. Col. A.L. Felton sent Capt. Frank Arrant a letter promoting Russell Taylor to Sergeant. Taylor's VEO I position 
had been reallocated to VEO II on February 10, 1996. This was forwarded to Lt. Meeks over the fax machine to the Halifax 
Weigh Station. Russell Taylor was not aware of the promotion until he received a letter dated March 12, 1996. The promotion 
was effective Februarv' 10, 1996. He was not aware he had received a pay increase until he received his next paycheck. 

22. In the VEO II position. Officer Taylor made 526,500. This was a 35 9c increase from what Taylor started out with 
in Februarv' 1994 which was S19.586.00. It was a 20% increase from his salary in February 1995 when he obtained permanent 
status. This new salar\- was approximately what Officer Taylor would have made in the LEO I position had he been hired. The 



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maximum pay increase for a promotion is usually 10%. The Personnel Action Form shows that he received a 9.3595% increase 
in pay over the minimum for the position. However, the VEO II position was budgeted for $22,344.00. The requested salary 
by Col. Felton was $24, 578.00. On the draft PD-118 Form, the budgeted salary position of $24,578.00 was marked through 
and $26,500 was handwritten below it. The funds available in reserve was also marked through and increased. Mr. Boyette 
testified that normally the supervisors make recommendations as to salary. In this case, he did not know who made the salary 
recommendation for Russell Taylor's VEO II position. He said it "could have been me. I'll take the responsibility for it." 

23. Lt. Col. Reggie Smith testified that prior to DMV Commissioner Janice Faulkner assuming her position, 92% of 
the vacant positions were filled from people outside of the DMV Enforcement Section. He testified that when a vacant position 
became available, he was instructed to do the paperwork. He said that the DMV Enforcement Section influenced only about 5- 
8% of the positions. 

Aftermath of the Decision 

24. The effect of the decision to upgrade Mr. Taylor's position and promote him with the position was devastating to 
the morale of the employees at the Halifax Weigh Station. The news had come to the Station over the fax machine. The letter 
to Lt. Meeks was dated March 12, 1996 but the effective date of the promotion was one month earlier. Even Mr. Taylor was 
not aware of it. All of a sudden, he became the supervisor to 22 employees when he had only been doing the full duties of a 
VEO I for a little over a year. The VEO Is were angry and the desire to work hard had diminished. There was testimony that 
"production" was off, that officers did their jobs but no more. Respect for the Division was lost. Desire and motivation were 
diminished. Most believed it was a political decision and a "reward" to Taylor for not getting the LEO 1 position. 

25. Most of the officers including the Petitioners spoke with Lt. Meeks who's office was I'ocated at the Halifax Weigh 
Station. He advised them that there was nothing he could do. Some chose to fight the decision and others chose not to "rock 
the boat." Whether factually based or not, some feared a transfer if they fought the decision. Phone calls were made to Lt. 
Col. Reggie Smith and to DOT's Persoimel Department. The Petitioners submitted written grievances with Lt. Meeks who 
forwarded them through his chain of command to Capt. Arrant as well as the copies. The Petitioners received no answer. 

26. The reverberations from the decision were bad enough that Col. Felton and Capt. Frank Arrant made a special trip 
to the Halifax Weigh Station on April 15, 1996. All staff were required to attend the meeting which was held outside the 
station; however Russell Taylor was sent on a false trip to so that he would not be there. Approximately thirty people were 
present. Col. Felton told the officers that he was there to explain. He stated that he was against the decision but there was 
nothing anyone could do about it. Col. Felton told them that the change was done for Russell Taylor, that everyone should 
leave the matter alone, and that it was a "done deal." He further told them that the meeting was the only answer they were going 
to receive about their grievance. 

27. After the meeting with the officers, the Petitioners received a letter dated April 16, 1996 from Sid Boyette that 
they had no appealable grievance because the position had been reallocated; there was no vacancy; and no adverse action had 
been taken against them. The Petitioners believed they were in Step I of the internal grievance procedure; therefore they did not 
understand why they had received a letter from the Director of Personnel rather than their supervisors. After Petitioners' 
attorney wrote two letters to the Secretary of the Department of Transportation, he responded on June 3, 1996 advising them 
that the matter was administratively closed. 

Training and Experience Requirements for the VEO II Position 

28. The VEO II position requires an applicant who has graduated from high school and has 30 months of experience 
as a Vehicle Enforcement Officer or the applicant must have three years of experience in general investigation, regulatory, or 
terminal or business operations of motor freight or passenger carriers (emphasis added). Also, as generally stated in most State 
Personnel job descriptions, the applicant must have an equivalent combination of education and experience. 

29. Russell Taylor did not meet these minimum qualifications. On the Personnel Action Form, the Budget Comments 
section states: "With Mr. Taylor's 2 yrs. experience with the Dept. and his degree along with approx. 1 yr. 4 months previous 
experience working with the public, we feel he qualifies for 9.3595% over the min. He is doing an excellent job in his position 
and can now function at this level." For most of Mr. Taylor's first year on the job, he was not certified to do the job, was not 
in uniform, and was not on the road. He had no law enforcement experience. In fact, on Mr. Taylor's Personnel Action Form 
dated February 1, 1995, the comments stated that he "has been on trainee progression rate and has now obtained the necessary 
one year's experience to go to min." As shown above, Mr. Taylor's previous experience was in short term jobs and did not 



12:11 NORTH CAROLINA REGISTER December 1, 1997 983 



CONTESTED CASE DECISIONS 



include general investigation, regulatory, or terminal or business operations of motor freight or passenger carriers. 
DOT'S Internal Placement and Promotion Policy 

30. General Order No. 11, which is DOT's Placement and Promotion Policy, provides in Section V. D. that "[a]ll 
promotions will be made from within the Section by internal postings." 

Remedial Action bj Commissioner Janice Faulkner 

31. After Janice Faulkner became Commissioner of the Division of Motor Vehicles in 1997, Russell Taylor was 
removed from the reallocated VEO II position and became a VEO I effective May 15, 1997. Lt. Col. Smith had talked with 
Mr. Taylor about voluntarily stepping down. He agreed as long as he could keep his salary. The VEO II position was posted 
on June 10, 1997 as a vacancy and all the Petitioners applied and were interviewed. At the time of the hearing, no decision had 
been made."" 

32. Commissioner Faulkner has implemented a new hiring procedure. Candidates for vacant positions are interviewed 
by a team approach. Interviewed candidates are asked the same questions. Applicants who are not BLET cenified are not 
interviewed. One member of the interview team is a DMV captain. None of the panel is a supervisor or coworker of the 
applicant. The applicants are ranked according to qualifications and experience. Three recommendations are sent in to Lt. Col. 
Reggie Smith. After discussing the recommended candidates with the Colonel (now Colonel David Richards), a selection is 
made. The name of the selected candidate goes to the DMV Commissioner and then forwarded to someone in the Department 
of Transportation. A new manual is in the process of being printed and the eight District Captains have been informed of the 
new procedure. As of the date of the hearing, fifteen people have been hired using this procedure. All persons hired were 
recommended by an interview panel. 

Based on the foregoing Findings of Fact, the undersigned makes the following: 

CONCLUSIONS OF LAW 

1. The Office of Administrative Hearings has personal and subject matter jurisdiction to hear this contested case. 

2. G.S. §126-7.1 requires that all vacancies for which an agency openly recruits should be posted. The Petitioners 
have not shown by the greater weight of the evidence that a vacancy existed for which a posting would have been required. 

3. Although the Respondent's contend that Position #71316 was reallocated and it just so happened that Russell 
Taylor was in the position when reallocated, the substantial evidence shows that the reallocation was done for Mr. Taylor's 
personal benefit as a promotion and to satisfy the concern of a political supporter of the Governor. The word "promotion" is 
defined in 25 NCAC ID .0301 as a change in status upward resulting from reassignment to a position with a higher pay grade. 
The important criteria are greater status and a higher standing in relation to peers after a reclassification. When this occurs, the 
individual has been promoted. Edwards v. Univ. of N.C., 107 N.C.App. 606, 421 S.E.2d 383, cert, denied, 333 N.C. 167, 
424 S.E.2d 909 (1992)(no vacant position but agency reorganization created a promotion for a white male with less seniority 
and less training over a black female who remained in her non-rank position with no change in title or duties; Court held that 
State Personnel Commission had jurisdiction over discrimination claim). Further, Mr. Taylor received a pay increase and the 
title of Sergeant. Therefore, it is concluded that Mr. Taylor was promoted. Because the action taken in this case resulted in 
the promotion of Taylor, the Office of Administrative Hearings and the State Personnel Commission have jurisdiction over the 
subject matter in this contested case. Edwards, supra at 610. 

4. To be promoted to another position, an employee must meet the minimum qualifications as set forth in the class 
specification. 25 NCAC ID .0305. Russell Taylor did not meet the minimum qualifications. Funher, any salary increase for 
the promotion must be to the new minimum rate of the grade to which promoted or by 5 % , whichever is larger. 25 NCAC ID 
.0308(l)(b). 



As of the date of this decision, the undersigned was ad%ised by counsel that one of the PetUioners had been 
selected for the VEO II position. 



984 NORTH CAROLINA REGISTER December 1, 1997 12:11 



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5. G.S. §126-36 provides that any State employee who has reason to believe that promotion was denied him based 
upon an unlawful State employment practice constituting discrimination based upon his political affiliation shall have the right 
to appeal to the State Personnel Commission. G.S. §126-34. 1(a)(2). By showing that Mr. Taylor was promoted to a VEO II 
position with significantly less experience and training and that his great uncle was closely affiliated politically with the 
Department of Transportation, the Petitioners met the burden of establishing ii prima facie case of political discrimination. The 
Respondent did not have a legitimate non-discriminatory reason for reallocating Position #71316 and promoting Mr. Taylor 
with the position. Petitioners were denied the same promotion which Mr. Taylor received because they did not have his 
political association. Therefore, the promotion was an adverse departmental action which discriminated against the Petitioners. 
Compare, Batten v. N.C. Dept. of Correction, 326 N.C. 338, 345, 347, 389 S.E.2d 35 (1990)(agency action deemed 
"disciplinary" and Petitioner's case was considered "contested") overruled on other grounds, Empire Power Co. v. N.C. Dept. 
ofEHNR, 2>3>1 N.C. 569, 447 S.E.2d 168 (1994). 

6. "Political affiliation" is not defined in the State Persoimel Act. Therefore, the phrase must be given its common 
and ordinary meaning. Edwards, supra at 609. The Act does not say "political party affiliation." To assist in determining the 
ordinary meaning, courts often use the dictionary. Edwards, supra at 609. In Black's Law Dictionary (5"" Ed. 1979), the 
word "political" includes the definition: "having to do with ...action of individuals, parties, or interests that seek to control 
appointment or action of those who manage affairs of a state." Also in Black's Law Dictionary, "affiliation" means the act or 
condition of being associated with another person and it means "less than membership in an organization." For this reason, it is 
concluded that the term "political affiliation" in G.S. §126-36 does not require that the Petitioners be of different political parties 
from those in decision-making positions in order to be discriminated against. In this case, the political discrimination occurred 
as a result of Russell Taylor's relation to Mr. Sonny Boy Joyner and Mr. Joyner's political affiliation with the present 
administration and specifically, his political clout with the Personnel Department in the Department of Transportation. The 
Petitioners did not have this political affiliation with anyone in the Hunt administration or the Department of Transportation. 

7. Even if the State Persoimel Commission were to conclude that no promotion occurred, the Respondent still failed 
to follow Persoimel Commission rules regarding reallocation. 25 NCAC IF .0303(a) defines reallocation of an established 
position as the "assignment of a position from one class to another as the result of a change in assigned duties and 
responsibilities." No evidence was presented of a change in duties or responsibilities for Mr. Taylor. 

8. When Russell Taylor's position was reallocated upward, 25 NCAC ID .0607 was also violated. This regulation 
provides that when an employee's position is reallocated, the employee must "ordinarily possess the minimum education and 
experience requirements, or their equivalent, as set fonh in the class specification." Although the word "ordinarily" is used, this 
sentence must be read in conjunction with the second sentence of the rule: "[i]f a classification audit has verified that duties, 
skills, and knowledges are being demonstrated at a higher level...," the employee may be promoted by waiver of the stated 
minimum requirements. Mr. Taylor did not meet the minimum requirements nor was a classification audit conducted. 

9. 25 NCAC ID .0605(a), 25 NCAC IF .0301(b), and 25 NCAC IF .0307 all provide that Form PD-1 18s are to be 
submitted to the Office of State Personnel 30 days prior to the proposed effective date of the reallocation in order that adequate 
time is available for study and processing of the request. This was not done in this case. The PD-1 18 was prepared on 
February 7, 1996. Although Mr. Taylor was notified on March 12, 1996, the effective date of the reallocation was February 
10, 1996. 

10. Justification for an upgrade of a particular position must be demonstrated by the attachment of a Form PD-102 to 
the Form PD-1 18. 25 NCAC IF .0402(b). This form is to be prepared by the employee in the position. 25 NCAC IF 
.0402(c). The evidence shows only that a job description for a VEO II was attached without any justification by data or analysis 
for the upgrade of the position that Mr. Taylor was in. 25 NCAC ID .0608. Further, Mr. Taylor was not even aware of the 
reallocation until he received the letter notifying him of the change in March, 1996. Respondent failed to follow these 
Persomiel Commission rules. 

1 1 . There was no evidence to support a conclusion that the Governor's Personnel Office did anything improper to 
influence the decision to promote Russell Taylor. Also, it is not illegal for the public to recommend a person for a particular 
position even if the person making the recommendation has political clout. The problem occurred when the Respondent agency 
abused its discretion by acting on that recommendation in violation of the State Personnel Act, Chapter 126 of the N.C. General 
Statutes, and State Personnel Commission procedures. Compare, Joyce v. Winston-Salem State University, 91 N.C.App. 153, 
370 S.E.2d 866, cert, denied, 323 N.C. 476, 373 S.E.2d 862 (1988)(abuse of discretion and improper hiring procedure). 
Policies and procedures made pursuant to the State Personnel Commission's authority in G.S. §126-4 have the effect of law 



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and, to serve the purpose of the State Personnel Act, must be enforced. N.C. Dept. of Justice v. Eaker, 90 N.C.App. 30, 38- 
39, 367 S.E.2d 392, cert, denied, 322 N.C. 836, 371 S.E.2d 279 (1988). 

12. The Respondent's reallocation of Position #71316 was an obvious attempt to promote an unqualified candidate 
without making the position available to more qualified applicants such as the Petitioners. To do so was arbitrary, capricious, 
and erroneous. Further, the Respondent failed to use proper procedure and failed to act as required by law and rule. By doing 
so, the Respondent has substantially prejudiced the Petitioners' rights. G.S. §150B-23(a). 

Based upon the foregoing Findings of Fact and Conclusions of Law, the undersigned makes the following: 

RECOMMENDED DECISION 

It is recommended that the Petitioners' be reimbursed for their attorney fees and costs if any. The State Personnel 
Commission has the authority to issue binding corrective orders or take other appropriate action concerning promotions and 
other issues as the Commission deems justified. G.S. §126-4(9). However, no other remedy may be necessary. Commissioner 
Janice Faulkner has provided the parties with a remedy that exceeds what the undersigned would have had the authority to 
recommend by demoting Russell Taylor and posting the VEG 11 Sergeant's position as a vacancy. She also has institutionalized 
a new hiring procedure which should minimize political patronage abuse within the DMV Enforcement Section of the 
Department of Transportation. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, PO 
Drawer 27447, Raleigh, NC 27611-7447, in accordance with G.S. §150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file 
exceptions to this recommended decision and to present written arguments to those in the agency who will make the final 
decision. G.S. §150B-36(a). The agency is required by G.S. §150B-36(b) to serve a copy of the final decision on all parties 
and to furnish a copy to the parties' attorney of record. The agency that will make the final decision in this contested case is the 
State Personnel Commission. 

This the 13" day of November, 1997. 



Meg Scott Phipps 
Administrative Law Judge 



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986 NORTH CAROLINA REGISTER December I, 1997 12:11 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF WAKE 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

97 OSP 0469 



WILLIAM G. JORDAN 
Petitioner, 



NORTH CAROLINA DEPARTMENT OF CORRECTION 
Respondent. 



RECOMMENDED DECISION 



This matter came on for hearing before the undersigned administrative law judge on October 20, 1997, in Raleigh, 
North Carolina. 

The Petitioner was represented by James P. West. Assistant Attorney General Sharon Wilson and Associate Attorney 
General Buren R. Shields, III represented the Respondent. 

ISSUE 



Whether the Respondent's termination of Petitioner's employment as a Maintenance Mechanic V should be affirmed or 



reversed. 



FINDINGS OF FACT 



1 . Petitioner, a career employee subject to the State Personnel Act, was terminated by Respondent effective January 
29, 1997, from his position as Maintenance Mechanic V. 

2. Respondent's letter of dismissal to Petitioner contained the following paragraph: 

Specifically, an investigation has revealed that on September 16, 1996, at approximately 2:30 P.M. 
inmate Frank Hodges observed you sitting in the canteen dining room reading a newspaper, while inmate 
Janice McMillan, who is assigned to the Randall Building Canteen was sweeping the floor. Inmate Hodges 
stated that he observed you follow inmate McMillan as she went into the janitor's closet adjacent to the dining 
room area and observed you touch inmate McMillan on her breast and buttocks. 

3. Petitioner followed the internal grievance procedure of the Respondent and timely filed a petition for a contested 
case hearing with the Office of Administrative Hearings. He has consistently denied any inappropriate conduct with inmate 
Janice McMillan. 



4. On September 16, 1996, Frank Hodge was a convicted felon confined within the prison system. 
Petitioner's supervision and harbored resentment against him. 



He was under the 



5. Frank Hodge ignored a subpoena served upon him ordering his appearance to testify as a witness for the 
Respondent at the hearing on this matter. Respondent did not request a continuance, but proceeded to attempt to prove its case 
by offering hearsay statements allegedly made by Hodge and others. These statements were excluded. 

6. Gene Stephenson has worked at Dillon Supply Company in Raleigh since November of 1958. To the best of his 
recollection. Petitioner was with him at Dillon Supply on September 16, 1996, from 1:30 p.m. until after 2:45 p.m. 
Stephenson appeared to be a very credible witness. 

7. Petitioner was out of work from January 29, 1997, until early April when he accepted a position with Sears. 
Petitioner earned a total of $7,884.80 in regular pay and $581 .62 in overtime pay from his employment at Sears. He quit this 
job in mid-July because of working equipment and conditions. He has received no unemployment benefits. 



12:11 



NORTH CAROLINA REGISTER 



December 1, 1997 



987 



CONTESTED CASE DECISIONS 



8. On August 18, 1997, Petitioner was employed by North Carolina State University as a Maintenance Mechanic V at 
the same salary he was making with Respondent. Petitioner does not want to return to work for Respondent. 

9. Since January 29, 1997, Petitioner has spent approximately $7,000 for attorney's fees while contesting his 
dismissal. 

10. Respondent's effort to introduce the results of polygraph examinations conducted during the course of its 
investigation was denied. Without polygraph results, the Director of Prisons Lynn Phillips would not have recommended that 
Petitioner be terminated. 

11. Janice McMillan could not be located by Petitioner to be subpoenaed. In prior statements, Ms. McMillan denied 
that Petitioner ever touched her inappropriately. 

CONCLUSIONS OF LAW 

1 . The Office of Administrative Hearings has jurisdiction over the parties and the subject matter of this action. 

2. The Respondent has failed to prove by substantial evidence that it had just cause to terminate Petitioner's 
employment. Hearsay statements by convicted felons do not constitute just cause to discharge a career state employee. 

3. Polygraph evidence is considered inherently unreliable by our courts and is not admissible in administrative 
hearings of this nature. 

RECOMMENDED DECISION 

That the Petitioner be awarded back pay, attorney's fees and any other benefits to which he would have been entitled, 
and that all documents relating to the allegations at issue in this action be removed and otherwise purged from Petitioner's 
persormel file. 

NOTICE 

The final decision in this contested case shall be made by the State Personnel Commission. Each party has the right to 
file exceptions to the recommended decision and to present written arguments on the decision to this agency. The agency shall 
serve a copy of the final decision on all parties, the attorneys of record and the Office of Administrative Hearings. 



This the ST' day of October, 1997. 



Fred G. Morrison Jr. 

Senior Administrative Law Judge 



988 NORTH CAROLINA REGISTER December 1, 1997 12:11 



i 



( 



{ 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



Lhe North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, titles and 
chapters, are mandatory. The major subdivision of the NCAC is the title. Each major department in the North 
Carolina executive branch of government has been assigned a title number. Titles are further broken down into 
chapters which shall be numerical in order. Tlie other t^vo, subchapters and sections are optional subdivisions 
to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant E.xaminers 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


Landscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


*21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 


27 


NC State Bar 


Pastoral Counselors. Fee-Based Practicing 


45 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






Psychology Board 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Soil Scientists 


69 






Speech & Language Pathologists & Audiologists 


64 






Substance Abuse Professionals 


68 






Therapeutic Recreation Certification 


65 






Veterinarv Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



12:11 



NORTH CAROLINA REGISTER 



December 1, 1997 



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♦ 



i 



BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE - 1997 



DESCRIPTION 



CODE 



ANNUA! 

suBscRirnoN price 



Title 1 - Dept of Administrarion - Complete Title 201 00 001 

Division of Purchase & Contract 201 10 051 

Federal Block Grant Funds 201 10 331 

Title 2 - Dept. of Agriculture - Complete Title 202 00 001 

Food & Drug Protection Division 202 15 091 

Structural Pest Control Committee 202 15 341 

Agricultural Markets 202 15 431 

Plant Industry 202 15 481 

Animal Industry 202 15 521 

Title 3 - Dept. of State Auditor - Complete Title 203 00 00 1 

Title 4 - Dept. of Commerce - Complete Title 204 00 001 

Alcoholic Beverage Control Commission 204 15 021 

Banking Commission 204 15 031 

Credit Union Division 204 15 061 

Savings & Loan Division 204 15 091 

Industrial Commission/Workers Compensation 204 15 101 

Savings Institutions Division 204 15 161 

Title 5 - Dept. of Corrections - Complete Title 205 00 001 

Division of Prisons 205 15 021 

Title 6 - Council of State - Complete Title 206 00001 

Title 7 - Dept. of Cultural Resources - Complete Title 207 00 00 1 

Title 8 - State Board of Elections ■ Complete Title 208 00 001 

Title 9 - Offices of tfie Governor & Lt. Governor - Complete Title 209 00 00 1 

Title 10 - Dept. of Human Resources - Complete Title 210 00 001 

Licensing of Health Facilities 210 20 101 

Detention Facilities 210 20 201 

Mental Health & Rehabilitation Services 210 20 301 

Social Services 210 20 401 

Children Services/Day Care 210 20 41 1 

Services for the Aging 210 20 421 

Services for the Blind 210 20 431 

Services for the Deaf & Hard of Hearing 210 20 441 

Employment Opportunities 210 20 451 

Title 1 1 - Dept. of Insurance - Complete Title 21 1 00 001 

Insurance 21 1 10 011 

Consumer Services 211 10 041 

Fire & Rescue Services 21110 051 

Agent Services 211 10 061 

Engineering & Building Codes 211 10 081 

Title 1 2 - Dept. of Justice - Complete Title 21 2 00 001 

Private Protective Services 212 10 071 

Police & Sheriff's Education & Training Standards 212 10 091 

NC Alarm Systems Licensing Board 212 10 111 

Title 13 - Dept. of Labor - Complete Title 213 00 001 

Mine & Quarry Safety 213 15 061 

General Safety/OSHA 213 20 001 

Wage & Hour Rules 213 15 121 

Boiler & Pressure Vessel Safety 213 15 131 

Apprenticeship & Training 213 15 141 

Elevator & Amusement Device Safety 213 15 151 

Title 1 4A - Dept. of Crime Control & Public Safety - Complete Title 2 1 4 00 00 1 

Alcohol Law Enforcement 214 00 081 

Victims Compensation Fund 214 00 111 

Title 1 5A - Dept. of Environ., Healtfi, & Nat. Resources - Complete Title 21 5 00 001 

Environmental Management 215 15 001 

Air Quality 215 15 101 

Water Quality 215 15 201 

Land & Waste Management 215 15 301 

Solid Waste Management . 215 15311 



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Underground Storage Tanks 

Coastal Management, Fishing & Boating 

Environmental Health 

Radiation/Nuclear Waste 

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Intoxihzer & Breathalizer 

Thle 16 - Dept. of Public Instruction - Complete Title 

Elementar\' & Secondar; Education 

Title 1 7 - Department of Revenue - Complete Title 

Taxes on Individuals 
Taxes on Business 
Sales & Use Tax Division 
Motor Fuels Tax Division 

Title 1 8 - Secretary of State ■ Completerrtle 

Securities Division 

Title 1 9A - Dept. of Transportation - Complete Title 

[)ivision ot Highwa\'s 

Di\ ision ot" Motor Vehicles 

Title 20 - Dept. of tfie State Treasurer - Complete Title 

Title 21 - Occupational Licensing Boards - Complete Title 

Title 22 - Administrative Procedures - Repealed 

Title 23 - Community Colleges • Complete Title 

Title 24 - Independent Agencies - Complete Title 

Title 25 ■ Office of State Personnel - CompleteTitle 

Title 26 - Office of Administrative Hearings - Complete Title 

Title 27 - Nortti Carolina State Bar - Complete Title 

Nortfi Carolina Administrative Code - Complete Code 

(Add S85.00 Shipping and HandUng) 

CD-ROAA North Carolina Administrative Code 

[tjpdijled quiirterlyi 

CD-ROM North Carolina Administrative Code 

(When purchased with the Full Code in Print) 

Master Index 

Master Table of Contents 

Binder(s) Titled " Official Nonh Carolina Administratiye Code" 



215 15 321 
215 15401 
215 25 001 
21525 101 
215 25 201 

215 25 301 
21525311 

21600 001 

216 10061 

21700 001 

217 15 101 
217 15 201 
217 15271 

217 15291 

21800 001 

218 10060 

21900 001 

219 10021 

219 10031 

220 00 001 
22100 001 
n/o 

223 00 001 

224 00 001 

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226 00 001 

227 00 001 
299 99 981 

266 00 001 

266 50 001 

288 50 001 
288 80 001 
299 90 000 



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UULIUBJ'XV